AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, defining the offense of false caller
3identification information display; and imposing penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 18 of the Pennsylvania Consolidated
7Statutes 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 
10defraud, harass or cause harm, make a call or engage in conduct 
11that results in the display of false caller identification 
12information on the called party's telephone.

13(b) Grading.--In addition to any other penalty imposed
14pursuant to this title or other statute, a person who violates
15this section:

16(1) For a first offense, commits a misdemeanor of the
17third degree.

1(2) For a second or subsequent offense, commits a
2misdemeanor of the second degree.

3(c) Exception.--This section shall not apply to:

4(1) The blocking of caller identification information.

5(2) Any law enforcement agency of the Federal, State,
6county or municipal government.

7(3) Any intelligence or security agency of the Federal
8Government.

9(4) A telecommunications, broadband or voice-over-
10Internet service provider that is:

11(i) acting in its capacity as an intermediary for
12the transmission of telephone service between the caller
13and the recipient;

14(ii) providing or configuring a service or service
15feature as requested by a customer;

16(iii) acting in a manner that is authorized or
17required by applicable law; or

18(iv) engaging in other conduct that is a necessary
19incident to the provision of service.

20(d) Definitions.--As used in this section, the following
21words and phrases shall have the meanings given to them in this
22subsection:

23"Call." Any type of telephone call made using any type of 
24technology, including the public switched telephone network or a 
25successor network, wireless cellular telephone service or voice-
26over-Internet protocol (VoIP) service.

27"False caller identification information." Data that 
28misrepresents the identity of the caller or the caller's 
29telephone number to the recipient of a call or to the network 
30itself.

1Section 2. This act shall take effect in 60 days.