PRINTER'S NO. 455
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
462
Session of
2017
INTRODUCED BY BLAKE, RESCHENTHALER, FONTANA, TARTAGLIONE, COSTA,
RAFFERTY, HUGHES, BROWNE AND WILLIAMS, MARCH 1, 2017
REFERRED TO JUDICIARY, MARCH 1, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, providing for the offense
of bullying.
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:
ยง 2709.2. Bullying.
(a) Offense defined.--A person commits the offense of
bullying when the person commits a defined crime with the intent
to:
(1) harass, annoy, alarm or intimidate another
individual or group of individuals; or
(2) place another individual or group of individuals in
fear of personal injury or property damage.
(b) Grading.--
(1) Except as provided under paragraph (2), an offense
under subsection (a)(1) or (2) committed by a person under 18
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18
years of age shall constitute a misdemeanor of the third
degree.
(2) A third or subsequent offense under subsection
(a) (1) or (2) committed by a person under 18 years of age
shall constitute a misdemeanor of the second degree.
(3) Except as provided under paragraph (4), an offense
under subsection (a)(1) or (2) committed by a person 18 years
of age or older shall constitute a misdemeanor of the second
degree.
(4) A third or subsequent offense under subsection
(a) (1) or (2) committed by a person 18 years of age or older
shall constitute a misdemeanor of the first degree.
(c) False report.--A person who knowingly gives false
information to a law enforcement officer with the intent to
implicate a person under this section commits an offense under
section 4906 (relating to false reports to law enforcement
authorities).
(d) Venue.--
(1) An offense committed under this section may be
deemed to have been committed at the place where the
communications or actions were made or received.
(2) Acts indicating a course of conduct that 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.
(e) Application of section.--This section shall not apply to
conduct by a party to a labor dispute as defined in the act of
June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
Injunction Act, or to any constitutionally protected activity.
(f) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Defined crime." An offense under any of the following:
(1) Any other provision of this chapter.
(2) Chapter 33 (relating to arson, criminal mischief and
other property destruction), exclusive of section 3307
(relating to institutional vandalism).
(3) Chapter 35 (relating to burglary and other criminal
intrusion), exclusive of section 3503 (relating to criminal
trespass).
(4) Chapter 41 (relating to forgery and fraudulent
practices).
(5) Chapter 57 (relating to wiretapping and electronic
surveillance).
(6) Chapter 75 (relating to other offenses).
(7) Chapter 76 (relating to computer offenses).
Section 2. This act shall take effect in 60 days.
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