PRINTER'S NO. 1002
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
866
Session of
2015
INTRODUCED BY BOSCOLA, COSTA, HUGHES, FONTANA, YUDICHAK,
TEPLITZ, WARD, WOZNIAK, TARTAGLIONE AND ARGALL, JUNE 2, 2015
REFERRED TO JUDICIARY, JUNE 2, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in offenses against public order and
decency, providing for unlawful dissemination of residential
information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5518. Unlawful dissemination of residential information.
(a) Offense.--An individual unlawfully disseminates
residential information if the individual posts signs, publishes
on a publicly accessible medium or social media site or
otherwise disseminates a visual depiction of a protected person
that the individual knows to be a protected person, the
residence of a protected person, directions to a protected
person's residence or messages suggesting that the protected
person has a residence in close proximity, without consent, if
such activity is likely to result in the following:
(1) Disclosure of the actual home, home address or the
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location of a protected person.
(2) Actual or threatened physical harm to a protected
person or a family or household member of a protected person.
(3) Emotional distress to a protected person or a family
or household member of a protected person.
(b) Grading.--A violation of subsection (a) shall
constitute:
(1) A misdemeanor of the third degree for a first
offense.
(2) A misdemeanor of the first degree for a second or
subsequent offense.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Disseminate." To cause or make an electronic or actual
communication from one person, place or electronic communication
device to two or more other persons, places or electronic
communication devices.
"Family or household members." The term as defined in 23
Pa.C.S. § 6102 (relating to definitions).
"Member of the armed services of the United States or
National Guard." Includes individuals on active duty and those
in reserve units or guard units.
"Protected person." A public safety officer or a member of
the armed services of the United States or National Guard.
"Public safety officer." Any police officer or other officer
with the authority to make arrests for any violation of law, a
corrections officer or a probation or parole officer.
"Social media site." Any Internet-based website used by
individuals to post or share information, images or other items
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with other persons.
"Visual depiction." A representation by picture, including,
but not limited to, a photograph, videotape, film or computer
image.
(d) Affirmative defense.--The provisions of this section
shall not apply to a person engaged in, connected with or
employed by any newspaper of general circulation, any press
association, any radio or television station or any magazine of
general circulation for the purpose of gathering, procuring,
compiling, editing or publishing news.
Section 2. This act shall take effect in 60 days.
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