PRINTER'S NO. 801

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 737 Session of 1993

        INTRODUCED BY GERLACH, VEON, E. Z. TAYLOR, BROWN, BARLEY, GEIST,
           HUGHES, CIVERA, O'BRIEN, GLADECK, ADOLPH, KASUNIC, TRICH,
           BUNT, FAIRCHILD, FARGO, REINARD, MARSICO, MASLAND, CORRIGAN,
           BELFANTI, ARMSTRONG, KENNEY, PITTS, J. TAYLOR, RAYMOND,
           ULIANA, VANCE, CLYMER, SEMMEL, DeLUCA, MELIO, SCHULER,
           TRELLO, MILLER, SCHEETZ, BLAUM, CLARK, L. I. COHEN,
           HENNESSEY, TOMLINSON, HECKLER, HESS, HARLEY, FLICK AND ALLEN,
           MARCH 22, 1993

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 22, 1993

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, prohibiting the criminal use of
     3     communication facilities.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 7509.  Criminal use of communication facility.
     9     (a)  Offense defined.--A person commits a felony of the third
    10  degree if that person uses a communication facility to commit,
    11  cause or facilitate the commission or the attempt thereof of any
    12  crime which constitutes a felony under this title or under the
    13  act of April 14, 1972 (P.L.233, No.64), known as The Controlled
    14  Substance, Drug, Device and Cosmetic Act. Every instance where
    15  the communication facility is utilized constitutes a separate

     1  offense under this section.
     2     (b)  Penalty.--A person who violates this section shall, upon
     3  conviction, be sentenced to pay a fine of not more than $15,000
     4  or to imprisonment for not more than seven years, or both.
     5     (c)  Definition.--As used in this section, the term
     6  "communication facility" means a public or private
     7  instrumentality used or useful in the transmission of signs,
     8  signals, writing, images, sounds, data or intelligence of any
     9  nature transmitted, in whole or in part, including, but not
    10  limited to, telephone, wire, radio, electromagnetic,
    11  photoelectronic or photo-optical systems or the mail.
    12     Section 2.  This act shall take effect in 60 days.












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