1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, providing for the offense of criminal
3surveillance.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 3505. Criminal surveillance.

9(a) Offense defined.--A person commits the crime of criminal
10surveillance if he engages in surveillance while trespassing in
11a private place.

12(b) Separate violations.--A separate violation of this
13section shall occur:

14(1) for each victim of an offense under subsection (a)
15under the same or similar circumstances pursuant to one

1scheme or course of conduct whether at the same or different
2time; or

3(2) if a person is a victim of an offense under
4subsection (a) on more than one occasion during a separate
5course of conduct either individually or otherwise.

6(c) Penalties.--

7(1) A single violation of this section shall constitute
8a summary offense.

9(2) Multiple violations of this section shall constitute
10a misdemeanor of the third degree.

11(d) Exceptions.--Subsection (a) shall not apply if the
12conduct proscribed under subsection (a) is done by any of the
13following:

14(1) Law enforcement officers <-during a lawful criminal
15investigation <-engaged in the performance of their official
16law enforcement duties.

17(2) Law enforcement officers, personnel of the
18Department of Corrections or a local correctional facility,
19prison or jail for security purposes or during investigation
20of alleged misconduct by a person in the custody of the
21Department of Corrections or local authorities.

22(3) A person who is a passenger or pilot of an aircraft
23operating in a manner consistent with 74 Pa.C.S. § 5501
24(relating to ownership of space).

25(e) Definitions.--As used in this section, the following
26words and phrases shall have the meanings given to them in this
27subsection unless the context clearly indicates otherwise:

28"Aircraft." The term as defined in 74 Pa.C.S. § 5102
29(relating to definitions).

<-30"Law enforcement officer." Any officer of the United States,
 

1of another state or subdivision thereof, or of the Commonwealth 
2or political subdivision thereof, who is empowered by law to 
3conduct investigations of or to make arrests for offenses 
4enumerated in this title or an equivalent crime in another 
5jurisdiction and any attorney authorized by law to prosecute or 
6participate in the prosecution of such offense.

7"Private place." A place where a person may reasonably
8expect to be safe from casual or hostile intrusion or
9surveillance.

10"Surveillance." Observation of the activities of another
11person or invading the privacy of the person observed.

12"Trespassing." Entering or remaining, or causing any
13instrument or device equipped with technology to facilitate
14surveillance to enter or remain, on the land or in the airspace
15of another, by one who knows he is not authorized or privileged
16to do so.

17Section 2. This act shall take effect in 90 days.