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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BOBACK, FABRIZIO, HELM, KORTZ, MILLARD, MUSTIO AND SCHRODER, FEBRUARY 8, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, defining the offense of false caller |
3 | identification information display; and imposing penalties. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 18 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 4121. False caller identification information display. |
9 | (a) Offense defined.--A person may not, with the intent to |
10 | defraud, harass or cause harm, make a call or engage in conduct |
11 | that results in the display of false caller identification |
12 | information on the called party's telephone. |
13 | (b) Grading.--In addition to any other penalty imposed |
14 | pursuant to this title or other statute, a person who violates |
15 | this section: |
16 | (1) For a first offense, commits a misdemeanor of the |
17 | third degree. |
18 | (2) For a second or subsequent offense, commits a |
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1 | misdemeanor of the second degree. |
2 | (c) Exception.--This section shall not apply to: |
3 | (1) The blocking of caller identification information. |
4 | (2) Any law enforcement agency of the Federal, State, |
5 | county or municipal government. |
6 | (3) Any intelligence or security agency of the Federal |
7 | Government. |
8 | (4) A telecommunications, broadband or voice-over- |
9 | Internet service provider that is: |
10 | (i) acting in its capacity as an intermediary for |
11 | the transmission of telephone service between the caller |
12 | and the recipient; |
13 | (ii) providing or configuring a service or service |
14 | feature as requested by a customer; |
15 | (iii) acting in a manner that is authorized or |
16 | required by applicable law; or |
17 | (iv) engaging in other conduct that is a necessary |
18 | incident to the provision of service. |
19 | (d) Definitions.--As used in this section, the following |
20 | words and phrases shall have the meanings given to them in this |
21 | subsection: |
22 | "Call." Any type of telephone call made using any type of |
23 | technology, including the public switched telephone network or a |
24 | successor network, wireless cellular telephone service or voice- |
25 | over-Internet protocol (VoIP) service. |
26 | "False caller identification information." Data that |
27 | misrepresents the identity of the caller or the caller's |
28 | telephone number to the recipient of a call or to the network |
29 | itself. |
30 | Section 2. This act shall take effect in 60 days. |
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