PRINTER'S NO. 546
No. 522 Session of 1989
INTRODUCED BY GREENLEAF, PECORA, ANDREZESKI, SHUMAKER, WILT,
GREENWOOD, PORTERFIELD, LEWIS, LYNCH AND SALVATORE,
FEBRUARY 13, 1989
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 13, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting unsolicited commercial
3 telephone calls during certain hours.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5504 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5504. Harassment by communication or address.
9 (a) [Offense defined] Misdemeanor.--A person commits a
10 misdemeanor of the third degree if, with intent to harass
11 another, he:
12 (1) makes a telephone call without intent of legitimate
13 communication or addresses to or about such other person any
14 lewd, lascivious or indecent words or language or anonymously
15 telephones another person repeatedly; or
16 (2) makes repeated communications anonymously or at
17 extremely inconvenient hours, or in offensively coarse
1 language.
2 (b) Summary offense.--A person commits a summary offense if
3 he makes or causes to be made an unsolicited commercial
4 telephone call, including calls made using a recording device,
5 received between the hours of 9 p.m. and 9 a.m.
6 (1) An unsolicited commercial telephone call, including
7 calls made using a recording device, is a call made by or on
8 behalf of a person, corporation or association soliciting
9 business, sales or contributions or promoting a product or
10 service or a political, religious or ideological viewpoint.
11 (2) Each violation shall constitute a separate offense.
12 (3) This subsection shall not apply to the following
13 commercial telephone calls:
14 (i) Calls made in response to an express request of
15 the person called.
16 (ii) Calls made to a person with a previous business
17 relationship with the caller or who is personally
18 acquainted with the caller.
19 [(b)] (c) Venue.--Any offense committed under [paragraph
20 (a)(1) of this section] subsection (a)(1) or (b) may be deemed
21 to have been committed at either the place at which the
22 telephone call or calls were made or at the place where the
23 telephone call or calls were received.
24 Section 2. This act shall take effect in 60 days.
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