THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DePASQUALE, BOYD, CALTAGIRONE, CLYMER, DAVIS, GOODMAN, McGEEHAN, MILLARD, MURPHY, PASHINSKI, READSHAW, STURLA, VULAKOVICH, KULA, DONATUCCI AND MANN, MARCH 25, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 2011  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in computer offenses, providing for the offenses of

unlawful use of Internet and for unlawful use of computer

scrub software; further providing for definitions; in

registration of sexual offenders, further providing for

registration procedures and applicability; and providing for

limited Internet access and for prohibited use of computer

scrub software.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The heading of Subchapter E of Chapter 76 of

Title 18 of the Pennsylvania Consolidated Statutes is amended to

read:

SUBCHAPTER E

ELECTRONIC MAIL

AND INTERNET OFFENSES

Section 2.  Title 18 is amended by adding sections to read:

§ 7662.  Unlawful use of Internet.

(a)  Offense defined.--A person commits the crime of unlawful

use of the Internet if the person is subject to registration

requirements under 42 Pa.C.S. § 9795.2(a) (relating to

registration procedures and applicability), as a condition of

parole or probation is prohibited from accessing the Internet,

social networking websites or other actions defined under 42

Pa.C.S. § 9795.6 (relating to limited Internet access) and

violates that condition of parole or probation.

(b)  Grading.--In addition to being subject to penalties

prescribed under section 4915 (relating to failure to comply

with registration of sexual offenders requirements) an offense

under this section shall constitute a felony of the third

degree.

(c)  Definition.--As used in this section, the term

"commercial social networking site" means any business,

organization or other similar entity operating a website that

permits persons to become registered users for the purpose of

establishing personal relationships with other users through

direct or real-time communication with other users or the

creation of web pages or profiles available to the public or to

other users. The term does not include an electronic mail

program or a message board program.

§ 7663.  Unlawful use of computer scrub software.

(a)  Offense defined.--A person commits the crime of unlawful

use of computer scrub software if the person is subject to

registration requirements under 42 Pa.C.S. § 9795.2(a) (relating

to registration procedures and applicability), as a condition of

parole or probation is prohibited from using computer scrub

software under 42 Pa.C.S. § 9795.7 (relating to prohibited use

of computer scrub software) and violates that condition of

parole or probation.

(b)  Grading.--In addition to being subject to penalties

prescribed under section 4915 (relating to failure to comply

with registration of sexual offenders requirements), an offense

under this section shall constitute a misdemeanor of the third

degree.

(c)  Definition.--As used in this section, the term "computer

scrub software" means any third-party added software, designed

to delete information from the computer unit, the hard drive or

other software, which would eliminate and prevent discovery of

browser activity, including Internet history, address bar, cache

and cookies and which would overwrite files in a way so as to

make previous computer activity, including website access, more

difficult to discover.

Section 3.  Section 9792 of Title 42 is amended by adding

definitions to read:

§ 9792.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Commercial social networking site."  Any business,

organization or other similar entity operating a website that

permits persons to become registered users for the purpose of

establishing personal relationships with other users through

direct or real-time communication with other users or the

creation of web pages or profiles available to the public or to

other users. The term does not include an electronic mail

program or a message board program.

* * *

"Computer scrub software."  Any third party added software

designed to delete information from the computer unit, the hard

drive or other software, which would eliminate and prevent

discovery of browser activity, including Internet history,

address bar, cache and cookies and which would overwrite files

so as to make previous computer activity, including website

access, more difficult to discover.

* * *

"Internet identifiers."  Electronic mail addresses and

designations used for the purpose of chat, instant messaging,

social networking or other similar Internet communications.

"Internet service provider."  A person who furnishes a

service that enables users to access content, information,

electronic mail or other services offered over the Internet and

proprietary content, information and other services as part of a

package of services offered to consumers.

* * *

Section 4.  Sections 9795.2(a)(1) and (2) of Title 42 are

amended and the section is amended by adding a subsection to

read:

§ 9795.2.  Registration procedures and applicability.

(a)  Registration.--

(1)  Offenders and sexually violent predators shall be

required to register with the Pennsylvania State Police upon

release from incarceration, upon parole from a State or

county correctional institution or upon the commencement of a

sentence of or not later than three days after being

sentenced to intermediate punishment or probation. For

purposes of registration, offenders and sexually violent

predators shall provide the Pennsylvania State Police with

the name of the offender, including all aliases used by the

offender, the Social Security number of the offender, all

current or intended residences, all information concerning

current or intended employment [and], all information

concerning current or intended enrollment as a student, the

license plate number and description of any vehicle owned or

operated by the offender and any accounts with Internet

service providers and Internet identifiers. 

(2)  Offenders and sexually violent predators shall

inform the Pennsylvania State Police within 48 hours of:

(i)  Any change of residence or establishment of an

additional residence or residences.

(ii)  Any change of employer or employment location

for a period of time that will exceed 14 days or for an

aggregate period of time that will exceed 30 days during

any calendar year, or termination of employment.

(iii)  Any change of institution or location at which

the person is enrolled as a student, or termination of

enrollment.

(iv)  Becoming employed or enrolled as a student if

the person has not previously provided that information

to the Pennsylvania State Police.

(v)  Any changes of ownership, sale, transfer or

lease of motor vehicles.

(vi)  Any changes made to license plates.

(vii)  Any changes of accounts with Internet service

providers.

(viii)  Any changes to or additional Internet

identifiers.

* * *

(c.1)  Registration information provided to Internet service

providers.--

(1)  The Pennsylvania State Police shall, upon the

request of any Internet service provider, release to the

entity Internet identifiers that would enable the entity to

prescreen or remove sex offenders from its services or, in

conformity with the laws of this Commonwealth and the United

States, advise law enforcement or other governmental entities

of potential violations of the law.

(2)  Before releasing any information the Pennsylvania

State Police shall require the Internet service provider that

requests the information from the registry to submit the

name, address and telephone number of the requesting entity,

the specific legal nature and status of the entity and any

additional information deemed necessary by the Pennsylvania

State Police.

(3)  Except for the purposes specified under this

section, an Internet service provider shall not publish or in

any way disclose or redisclose any information provided by

the Pennsylvania State Police.

(4)  The Pennsylvania State Police shall promulgate rules

and regulations relating to procedures for the release of

information, including the disclosure and redisclosure of the

information.

* * *

Section 5.  Title 42 is amended by adding sections to read:

§ 9795.6  Limited Internet access.

(a)  General.--A person subject to the registration

requirements of this subchapter who has committed any offense

under section 9795.1 (relating to registration) or has used the

Internet to facilitate commission of any offense under section

9795.1 shall be prohibited from using the Internet for purposes

under subsection (b).

(b)  Prohibition of Internet usage as a condition of parole

or probation.--As a condition of parole or probation, the courts

may impose a prohibition on any use of Internet by any person

subject to the registration requirements of this subchapter who

has used the Internet to facilitate commission of any offense

under section 9795.1.

(c)  Limited uses of the Internet.--A person subject to the

registration requirements under section 9795.1 is prohibited

from using the Internet for the following purposes:

(1)  To access pornographic material including material

described under 18 Pa.C.S. § 6312(d) (relating to sexual

abuse of children).

(2)  To access a commercial social networking website.

(3)  To communicate with other individuals or groups for

the purpose of promoting sexual relations with persons under

18 years of age when the offender has committed any of the

following offenses:

18 Pa.C.S. § 2901 (relating to kidnapping) where the

victim is a minor.

18 Pa.C.S. § 2910 (relating to luring a child into a

motor vehicle or structure).

18 Pa.C.S. § 4302 (relating to incest) where the

victim is 12 years of age or older but under 18 years of

age.

18 Pa.C.S. § 5902(b) (relating to prostitution and

related offenses) where the actor promotes the

prostitution of a minor.

18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to

obscene and other sexual materials and performances)

where the victim is a minor.

18 Pa.C.S. § 6312.

18 Pa.C.S. § 6318 (relating to unlawful contact with

minor).

18 Pa.C.S. § 6320 (relating to sexual exploitation of

children).

(4)  To communicate with a person under 18 years of age

when the offender has committed any of the following

offenses:

18 Pa.C.S. § 2901 where the victim is a minor.

18 Pa.C.S. § 2910.

18 Pa.C.S. § 4302 where the victim is 12 years of age

or older but under 18 years of age.

18 Pa.C.S. § 5902(b) where the actor promotes the

prostitution of a minor.

18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) where the

victim is a minor.

18 Pa.C.S. § 6312.

18 Pa.C.S. § 6318.

18 Pa.C.S. § 6320.

§ 9795.7  Prohibited use of computer scrub software.

(a)  General.--A person subject to the registration

requirements of this subchapter who has committed any offense

under section 9795.1 (relating to registration) or has used a

computer to facilitate commission of any offense under section

9795.1 shall be prohibited from using the computer scrub

software.

(b)  Prohibition of computer scrub software usage as a

condition of parole or probation.--As a condition of parole or

probation, the courts may impose a prohibition on any use of

computer scrub software by any person subject to the

registration requirements of this subchapter who has used a

computer to facilitate commission of any offense under section

9795.1.

Section 6.  This act shall take effect in 60 days.