PRINTER'S NO. 223
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
229
Session of
2015
INTRODUCED BY MARSICO, BAKER, BISHOP, GREINER, SANTARSIERO,
STEPHENS, SCHLOSSBERG, REGAN, HARHART, A. HARRIS, D. COSTA,
MILLARD, SAYLOR, O'NEILL, WATSON, SCHWEYER, MURT, DeLUCA,
VEREB, M. K. KELLER, PICKETT, CALTAGIRONE, ROZZI, HELM,
PETRI, DUNBAR, KORTZ, NESBIT, HARKINS, HICKERNELL, EVERETT,
GRELL AND DAVIS, JANUARY 27, 2015
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 27, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for the
offense of harassment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2709(c)(2) of Title 18 of the
Pennsylvania Consolidated Statutes is amended, subsection (b.1)
is amended by adding a paragraph, subsection (f) is amended by
adding definitions and the section is amended by adding a
subsection to read:
ยง 2709. Harassment.
* * *
(a.1) Cyber harassment of a child.--
(1) A person commits the crime of cyber harassment of a
child if, with intent to harass, annoy or alarm, the person
engages in a continuing course of conduct by repeatedly
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communicating any of the following by electronic means
directly to a child or by publication through an electronic
social media service:
(i) seriously disparaging statement or opinion about
the child's physical characteristics, sexuality, sexual
activity or mental or physical health or condition; or
(ii) threat to inflict harm.
(2) (i) If a juvenile is charged with a violation of
paragraph (1), the judicial authority with jurisdiction
over the violation shall give first consideration to
referring the juvenile charged with the violation to a
diversionary program under Pa.R.J.C.P. No. 312 (relating
to Informal Adjustment) or No. 370 (relating to Consent
Decree). As part of the diversionary program, the
judicial authority may order the juvenile to participate
in an educational program which includes the legal and
nonlegal consequences of cyber harassment.
(ii) If the person successfully completes the
diversionary program, the juvenile's records of the
charge of violating paragraph (1) shall be expunged as
provided for under section 9123 (relating to juvenile
records).
(b.1) Venue.--
* * *
(3) In addition to paragraphs (1) and (2), an offense
under subsection (b) may be deemed to have been committed at
the place where the child who is the subject of the
communication resides.
(c) Grading.--
* * *
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(2) An offense under subsection (a)(4), (5), (6) or (7)
or (b) shall constitute a misdemeanor of the third degree.
* * *
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Emotional distress." A temporary or permanent state of
mental anguish.
* * *
"Repeatedly communicates." To convey more than one message
over a period of time.
"Seriously disparaging statement or opinion." A statement or
opinion which is intended to and under the circumstances is
reasonably likely to cause serious emotional distress to a child
of the victim's age.
Section 2. This act shall take effect in 60 days.
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