PRIOR PRINTER'S NOS. 223, 310
PRINTER'S NO. 486
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, DAVIS, BIZZARRO, JOZWIAK, MOUL, O'BRIEN AND FARRY,
JANUARY 27, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 10, 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:
SECTION 1. SECTION 2709(C)(2) AND (F) OF TITLE 18 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED, SUBSECTION (B.1)
IS AMENDED BY ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY
ADDING A SUBSECTION TO READ:
ยง 2709. Harassment.
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* * *
(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
communicating OF MAKING 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
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under subsection (a.1) may be deemed to have been committed
at the place where the child who is the subject of the
communication resides.
(c) Grading.--
* * *
(2) An offense under subsection (a)(4), (5), (6) or (7)
or (a.1) 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:
* * *
"COMMUNICATES." CONVEYS A MESSAGE WITHOUT INTENT OF
LEGITIMATE COMMUNICATION OR ADDRESS BY ORAL, NONVERBAL, WRITTEN
OR ELECTRONIC MEANS, INCLUDING TELEPHONE, ELECTRONIC MAIL,
INTERNET, FACSIMILE, TELEX, WIRELESS COMMUNICATION OR SIMILAR
TRANSMISSION.
"COURSE OF CONDUCT." A PATTERN OF ACTIONS COMPOSED OF MORE
THAN ONE ACT OVER A PERIOD OF TIME, HOWEVER SHORT, EVIDENCING A
CONTINUITY OF CONDUCT. THE TERM INCLUDES LEWD, LASCIVIOUS,
THREATENING OR OBSCENE WORDS, LANGUAGE, DRAWINGS, CARICATURES OR
ACTIONS, EITHER IN PERSON OR ANONYMOUSLY. ACTS INDICATING A
COURSE OF CONDUCT WHICH OCCUR IN MORE THAN ONE JURISDICTION MAY
BE USED BY ANY OTHER JURISDICTION IN WHICH AN ACT OCCURRED AS
EVIDENCE OF A CONTINUING PATTERN OF CONDUCT OR A COURSE OF
CONDUCT.
"Emotional distress." A temporary or permanent state of
mental anguish.
* * *
"Repeatedly communicates." To convey more than one message
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over a period of time.
"FAMILY OR HOUSEHOLD MEMBER." SPOUSES OR PERSONS WHO HAVE
BEEN SPOUSES, PERSONS LIVING AS SPOUSES OR WHO LIVED AS SPOUSES,
PARENTS AND CHILDREN, OTHER PERSONS RELATED BY CONSANGUINITY OR
AFFINITY, CURRENT OR FORMER SEXUAL OR INTIMATE PARTNERS OR
PERSONS WHO SHARE BIOLOGICAL PARENTHOOD.
"Seriously disparaging statement or opinion." A statement or
opinion which is intended to and under the circumstances is
reasonably likely to cause serious SUBSTANTIAL emotional
distress to a child of the victim's age AND WHICH PRODUCES SOME
PHYSICAL MANIFESTATION OF THE DISTRESS .
Section 2. This act shall take effect in 60 days.
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