AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for harassment.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Section 2709(b), and (c)(2)(i) of Title 18 of the
6Pennsylvania Consolidated Statutes are amended, subsection (b.1)
7is amended by adding a paragraph and subsection (f) is amended
8by adding definitions to read:

9§ 2709. Harassment.

10 * * *

11(b) [Stalking.--] Cyber harassment of a child.--

12(1) A person commits the crime of cyber harassment of a
13child if, by means of an electronic communication and with
14intent to harass a child, he repeatedly communicates or, on

1at least one occasion, makes available to a user of an
2electronic social media network or service, information about
3a child under 18 years of age which, whether true or not,
4includes any of the following:

5(i) A statement or opinion about the child's
6sexuality or sexual activity.

7(ii) A disparaging statement or opinion about the
8child's physical characteristics, mental or physical
9health or condition.

10(iii) A threat of unlawful harm.

11(2) Nothing under this subsection shall prohibit a
12communication made for medical, educational or other
13legitimate purposes, if the actor is an adult.

14(b.1) Venue.--

15* * *

16(3) In addition to paragraphs (1) and (2), an offense
17under subsection (b) may be deemed to have been committed at
18the place where the child who is the subject of the
19communication resides.

20(c) Grading.--

21* * *

22(2) (i) An offense under subsection (a)(4), (5), (6) 
23[or (7)], (7) or (b) shall constitute a misdemeanor of the 
24third degree.

25* * *

26(f) Definitions.--As used in this section, the following
27words and phrases shall have the meanings given to them in this
28subsection:

29* * *

30"Disparaging statements or opinions." A statement or opinion

1which significantly ridicules, demeans or in the context or
2circumstances, would cause serious embarrassment to the victim.

3"Electronic communication." An electronic communication as 
4defined in section 5702 (relating to definitions).

5"Electronic social media network or service." A form of
6electronic communication such as Internet websites for social
7networking through which a user creates an online community to
8share information, an idea, a personal message and other content
9through print, photograph and video.

10* * *

11"Repeatedly communicates." To convey more than one message
12over a period of time.

13Section 2. This act shall take effect in 60 days.