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 <-trespasses in a private place with the intent to
12engage in surveillance of another person.

13(b) Separate violations.--A separate violation of this
14section shall occur:

15(1) for each victim of an offense under subsection (a)

1under the same or similar circumstances pursuant to one
2scheme or course of conduct whether at the same or different
3time; or

4(2) if a person is a victim of an offense under
5subsection (a) on more than one occasion during a separate
6course of conduct either individually or otherwise.

7(c) Penalties.--

8(1) A single violation of this section shall constitute
9a summary offense.

10(2) Multiple violations of this section shall constitute
11a misdemeanor of the third degree.

12(d) Exceptions.--Subsection (a) shall not apply if the
13conduct proscribed under subsection (a) is done by any of the
14following:

15(1) Law enforcement officers engaged in the performance
16of their official law 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) Firefighters, as defined in section 2 of the act of<-
23December 16, 1998 (P.L.980, No.129), known as the Police
24Officer, Firefighter, Correction Employee and National Guard
25Member Child Beneficiary Education Act, or special fire
26police, as provided for in 35 Pa.C.S. Ch. 74 Subch. D
27(relating to special fire police), engaged in the performance
28of their official firefighting or fire police duties.

29(4) Emergency medical responders, as defined in 35
30Pa.C.S. § 8103 (relating to definitions), engaged in the

1performance of their official duties.

2(3) (5) A person who is a passenger or pilot of an<-
3aircraft operating in a manner consistent with 74 Pa.C.S. §
45501 (relating to ownership of space).

5(e) Definitions.--As used in this section, the following
6words and phrases shall have the meanings given to them in this
7subsection unless the context clearly indicates otherwise:

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

10"Law enforcement officer." Any officer of the United States, 
11of another state or subdivision thereof, or of the Commonwealth 
12or political subdivision thereof, who is empowered by law to 
13conduct investigations of or to make arrests for offenses 
14enumerated in this title or an equivalent crime in another 
15jurisdiction and any attorney authorized by law to prosecute or 
16participate in the prosecution of such offense.

17"Private place." A place where a person may reasonably
18expect to be safe from <-casual or hostile intrusion or
19surveillance.

20"Surveillance." Observation <-or recording of the activities
21of another person or invading the privacy of the person
22observed.

23"Trespassing." Entering or remaining, or causing any
24instrument or device equipped with technology to facilitate
25surveillance to enter or remain, on the land or in the airspace
26of another, by one who knows he is not authorized or privileged
27to do so.

28Section 2. This act shall take effect in 90 days.