THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATSON, PETRI, MARSICO, BAKER, BOYD, D. COSTA, CREIGHTON, ELLIS, FLECK, GEIST, GILLESPIE, GINGRICH, GROVE, HARPER, HARRIS, HELM, HESS, KNOWLES, MAJOR, MANN, O'NEILL, PEIFER, PICKETT, PRESTON, READSHAW, SONNEY, STURLA, SWANGER, TAYLOR, TRUITT, VULAKOVICH, HICKERNELL, HORNAMAN, MURT AND DONATUCCI, MARCH 13, 2012

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 2, 2012   

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, defining the offense of online impersonation;

prescribing a penalty; and providing for damages in actions

for online impersonation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 4121.  Online impersonation.

(a)  Offense defined.--A person commits the offense of online

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impersonation if he uses the name, persona or identifying

information of another person or of a fictitious person to do

any of the following with the intent to defraud, intimidate,

threaten or harass another person:

(1)  create a web page;

(2)  post one or more messages on a commercial social

networking site;

(3)  send an electronic mail, instant message, text

message or similar communication;

(4)  open an e-mail account; or

(5)  open an account or profile on a commercial social

networking site.

(b)  Grading.--An offense under this section constitutes a

misdemeanor of the first degree. Each violation constitutes a

separate offense.

(c)  Nonapplicability.--The provisions of this section shall

not be applicable to:

(1)  A law enforcement officer acting in the course and

legitimate scope of the law enforcement officer's duties.

(2)  A person who acts within the course and legitimate

scope of the person's employment in order to obtain evidence

of unlawful activity.

(a)  Offense defined.--A person commits the offense of online

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impersonation if the person:

(1)  uses the name, persona or identifying information of

another person or of a fictitious person to do any of the

following:

(i)  create a web page;

(ii)  post one or more messages on a commercial

social networking site;

(iii)  send an electronic mail, instant message, text

message or similar communication;

(iv)  open an e-mail account; or

(v)  open an account or profile on a commercial

social networking site; and

(2)  the person engages in activity prohibited under any

of the following:

(i)  Section 2706 (relating to terroristic threats);

(ii)  Section 2709 (relating to harassment);

(iii)  Section 2709.1 (relating to stalking);

(iv)  Section 4952 (relating to intimidation of

witnesses or victims);

(v)  Section 4953 (relating to retaliation against

witness, victim or party).

(b)  Grading.--A violation of subsection (a) shall be

classified as a misdemeanor of the second degree or one degree

higher in the classification specified in section 106 (relating

to classes of offenses) than the classification of the

underlying offense set forth in subsection (a)(1), whichever is

greater.

(d) (c)  Construction.--Nothing in this section shall be

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construed to apply to works of public interest, including

commentary, satire and parody.

(e) (d)  Territorial applicability.--A person may be

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convicted under the provisions of this section if the victim or

the offender is located within this Commonwealth.

(f) (e)  Concurrent jurisdiction to prosecute.--In addition

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to the authority conferred upon the Attorney General by the act

of October 15, 1980 (P.L.950, No.164), known as the Commonwealth

Attorneys Act, the Attorney General shall have the authority to

investigate and to institute criminal proceedings for any

violation of this section or any series of violations involving

more than one county of this Commonwealth or another state. No

person charged with a violation of this section by the Attorney

General shall have standing to challenge the authority of the

Attorney General to investigate or prosecute the case, and if a

challenge is made, the challenge shall be dismissed, and no

relief shall be made available in the courts of this

Commonwealth to the person making the challenge.

(g) (f)  Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Commercial social networking site."  A business,

organization or other similar entity that operates an Internet

website and permits persons to become registered users for the

purpose of establishing personal relationships with other users

through direct or real-time communication with other users or

the creation of web pages or profiles available to the public or

to other users. The term does not include an electronic mail

program or a message board program.

"Document."  Any writing, including, but not limited to, a

birth certificate, Social Security card, driver's license,

nondriver government-issued identification card, baptismal

certificate, access device card, employee identification card,

school identification card or other identifying information

recorded by any other method, including, but not limited to,

information stored on a computer, computer disc, computer

printout, computer system, or part thereof, or by any other

mechanical or electronic means.

"Identifying information."  Any document, photographic,

pictorial or computer image of another person or any fact used

to establish identity, including, but not limited to, a name, e-

mail address, birth date, Social Security number, driver's

license number, nondriver governmental identification number,

telephone number, checking account number, savings account

number, student identification number, employee or payroll

number or electronic signature. The term includes a document,

photographic, pictorial or computer image of a fictitious person

or any fact used to establish identity as provided in this

definition in the case of a fictitious person.

Section 2.  Title 42 is amended by adding a section to read:

§ 8316.1.  Damages in actions for online impersonation.

(a)  Cause of action established.--A person may bring a civil

cause of action based upon online impersonation as defined in 18

Pa.C.S. § 4121 (relating to online impersonation) in order to

recover damages for any loss or injury sustained as a result of

the violation.

(b)  Parties authorized to bring action.--An action may be

brought by:

(1)  A natural person.

(2)  A parent or guardian of a natural person, if the

natural person is incompetent or is an individual under 18

years of age.

(3)  A corporation, partnership, limited liability

company, business trust, other association, estate, trust or

foundation.

(c)  Damages.--A court of competent jurisdiction may award

damages as follows:

(1)  Actual damages arising from the incident or $500,

whichever is greater. Damages include loss of money,

reputation or property, whether real or personal. The court

may, in its discretion, award up to three times the actual

damages sustained, but not less than $500.

(2)  Reasonable attorney fees and court costs.

(3)  Additional relief the court deems necessary and

proper.

(d)  Other remedies preserved.--Nothing in this section shall

be construed to limit the ability of a person to receive

restitution pursuant to 18 Pa.C.S. § 1106 (relating to

restitution for injuries to person or property).

(e)  Nonapplicability.--The provisions of this section shall

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not be applicable to:

(1)  A law enforcement officer acting in the course and

legitimate scope of the law enforcement officer's duties.

(2)  A person who acts within the course and legitimate

scope of the person's employment in order to obtain evidence

of unlawful activity.

Section 3.  This act shall take effect in 60 days.