PRINTER'S NO. 1626
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1496
Session of
2021
INTRODUCED BY MULLINS, ECKER, MARKOSEK, ROTHMAN, ROZZI, KINSEY,
RYAN, CONKLIN, HARKINS, FREEMAN, HERSHEY, PASHINSKI, MALAGARI
AND GALLOWAY, MAY 26, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MAY 26, 2021
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:
§ 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 bodily injury or property damage.
(b) Grading.--
(1) An offense under this section shall be classified as
a misdemeanor of the third degree if the defined crime is
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classified as a summary offense.
(2) Except as provided under paragraph (1), the
following shall apply:
(i) An offense under this section shall be
classified one degree higher in the classification
specified in section 106 (relating to classes of
offenses) than the classification of the defined crime.
(ii) The Pennsylvania Commission on Sentencing, in
accordance with 42 Pa.C.S. § 2154 (relating to adoption
of guidelines for sentencing), shall provide for
sentencing enhancements for cases in which the defined
crime is classified at the highest 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) Definition.--As used in this section, "defined crime"
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means an offense under any of the following:
(1) Chapter 27 (relating to assault), exclusive of
section 2709 (relating to harassment) and section 2709.1
(relating to stalking).
(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) Section 5503 (relating to disorderly conduct).
(6) Chapter 57 (relating to wiretapping and electronic
surveillance).
(7) Section 7507.1 (relating to invasion of privacy).
(8) Chapter 76 (relating to computer offenses).
Section 2. This act shall take effect in 60 days.
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