PRIOR PRINTER'S NO. 509 PRINTER'S NO. 1755
No. 441 Session of 2007
INTRODUCED BY SAINATO, DERMODY, DENLINGER, COHEN, BOYD,
SIPTROTH, MELIO, HORNAMAN, GIBBONS, REICHLEY, SURRA,
MARKOSEK, KOTIK, MAHONEY, HARHAI, R. STEVENSON, KAUFFMAN,
PALLONE, CALTAGIRONE, YOUNGBLOOD, READSHAW, GRUCELA, CURRY,
FREEMAN, WALKO, GEORGE, KORTZ, GEIST, JOSEPHS, SAYLOR,
PETRARCA, HESS, FRANKEL, MURT, BROOKS AND BENNINGHOFF,
FEBRUARY 26, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 4, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of unlawful
3 capture and electronic transmission of private IDENTIFYING <--
4 information.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 7507.2. Unlawful capture and electronic transmission of
10 private IDENTIFYING information. <--
11 (a) Offense defined.--A person commits a misdemeanor of the
12 third degree if he:
13 (1) intends to capture private IDENTIFYING information <--
14 of another person and knowingly captures that private <--
15 IDENTIFYING information without the other person's consent; <--
16 or
1 (2) electronically transmits private IDENTIFYING <--
2 information captured in violation of paragraph (1).
3 (b) Separate offenses.--Each act of capturing or
4 electronically transmitting private IDENTIFYING information <--
5 constitutes a separate offense.
6 (c) Exception.--Subsection (a) shall not apply to any lawful
7 activity by law enforcement officers during a criminal
8 investigation.
9 (d) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Capture." To photograph, film, videotape or record by any
13 other similar means, including, but not limited to, a camera
14 phone.
15 "Electronically transmit." To transfer, by satellite, wire,
16 microwave or other communication medium, including, but not
17 limited to, electronic mail, Internet, telephone or wireless
18 telephone. THE TERM SHALL INCLUDE ELECTROMAGNETIC AND OPTIC <--
19 TRANSMISSIONS.
20 "Private information." Any information about a person, <--
21 provided that access to the information is not generally
22 permitted to members of the public and the person has a
23 reasonable expectation of privacy in the information under the
24 circumstances. The term includes, but is not limited to, a
25 Social Security number, personal identification number and
26 credit card number.
27 "IDENTIFYING INFORMATION." THE TERM SHALL HAVE THE SAME <--
28 MEANING GIVEN TO IT UNDER SECTION 4120(F) (RELATING TO IDENTITY
29 THEFT).
30 Section 2. This act shall take effect in 60 days.
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