HOUSE AMENDED
PRIOR PRINTER'S NOS. 164, 550, 634, PRINTER'S NO. 1072
684
No. 167 Session of 1999
INTRODUCED BY DENT, LEMMOND, BELL, COSTA, SCHWARTZ, WAUGH,
STAPLETON, STOUT, SLOCUM, WOZNIAK, KASUNIC, MURPHY, ROBBINS,
RHOADES AND BOSCOLA, JANUARY 19, 1999
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 6, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for terroristic
3 threats, for harassment and stalking, for harassment by
4 communication or address and for offenses relating to weapons
5 or implements for escape; and providing for stalking by
6 communication or address.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 2706(a) of Title 18 of the Pennsylvania
10 Consolidated Statutes is amended and the section is amended by
11 adding subsections to read:
12 § 2706. Terroristic threats.
13 (a) Offense defined.--A person [is guilty of a misdemeanor
14 of the first degree] commits the crime of terroristic threats if
15 [he threatens to] the person, WITH THE INTENT TO TERRORIZE, <--
16 communicates a threat to:
17 (1) commit, either directly or indirectly, any crime of
18 violence [with intent to terrorize another [or to]; <--
1 (2) cause evacuation of a building, place of assembly,
2 or facility of public transportation[,]; or
3 (3) otherwise [to] cause serious public inconvenience[,
4 or in] with reckless disregard of the risk of causing such
5 terror or inconvenience.
6 * * *
7 (d) Grading.--An offense under subsection (a) constitutes a
8 misdemeanor of the first degree.
9 (e) Definition.--As used in this section, the term
10 "communicates" means conveys in person or by written or
11 electronic means including telephone, electronic mail, Internet,
12 facsimile, telex and similar transmissions.
13 Section 2. Sections 2709(a), (c)(1) and (f), 5122 and 5504
14 of Title 18 are amended to read:
15 § 2709. Harassment and stalking.
16 (a) Harassment.--A person commits the crime of harassment
17 when, with intent to harass, annoy or alarm another, the person:
18 (1) [he] strikes, shoves, kicks or otherwise subjects
19 [him] the other person to physical contact, or attempts or
20 threatens to do the same; [or]
21 (2) [he] follows [a] the other person in or about a
22 public place or places; or
23 (3) [he] engages in a course of conduct or repeatedly
24 commits acts which [alarm or seriously annoy such other
25 person and which] serve no legitimate purpose.
26 * * *
27 (c) Grading.--
28 (1) An offense under subsection (a) shall constitute a
29 [summary offense] misdemeanor of the third degree.
30 * * *
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1 (f) Definitions.--As used in this section, the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 "Course of conduct." A pattern of actions composed of more
5 than one act over a period of time, however short, evidencing a
6 continuity of conduct. The term includes lewd, lascivious,
7 threatening or obscene words, language, drawings, caricatures or
8 actions, either in person or anonymously.
9 * * *
10 § 5122. Weapons or implements for escape.
11 (a) Offenses defined.--
12 (1) A person commits a misdemeanor of the first degree
13 if he unlawfully introduces within a detention facility,
14 correctional institution or mental hospital, or unlawfully
15 provides an inmate thereof with any weapon, tool, implement,
16 or other thing which may be used for escape.
17 (2) An inmate commits a misdemeanor of the first degree
18 if he unlawfully procures, makes or otherwise provides
19 himself with, or unlawfully has in his possession or under
20 his control, any weapon, tool, implement or other thing which
21 may be used for escape.
22 [(3) An inmate commits a misdemeanor of the second
23 degree if he unlawfully procures, makes or otherwise provides
24 himself with, or unlawfully has in his possession or under
25 his control, any tool, implement or other thing which may be
26 used for escape.]
27 (b) Definitions.--
28 (1) As used in this section the word "unlawfully" means
29 surreptitiously or contrary to law, regulation or order of
30 the detaining authority.
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1 (2) As used in this section the word "weapon" means any
2 implement readily capable of lethal use and shall include any
3 firearm, ammunition, knife, dagger, razor, other cutting or
4 stabbing implement or club, including any item which has been
5 modified or adopted so that it can be used as a firearm,
6 ammunition, knife, dagger, razor, other cutting or stabbing
7 implement, or club. The word "firearm" includes an unloaded
8 firearm and the unassembled components of a firearm.
9 § 5504. Harassment and stalking by communication or address.
10 (a) [Offense defined] Harassment by communication or
11 address.--A person commits [a misdemeanor of the third degree
12 if] the crime of harassment by communication or address when,
13 with intent to harass, annoy or alarm another, [he] the person:
14 (1) [makes a telephone call without intent of legitimate
15 communication or addresses] communicates to or about such
16 other person any lewd, lascivious, threatening or [indecent]
17 obscene words [or], language [or anonymously telephones
18 another person repeatedly], drawings or caricatures; or
19 (2) [makes repeated communications anonymously or at
20 extremely inconvenient hours, or in offensively coarse
21 language.] communicates repeatedly in an anonymous manner;
22 (3) communicates repeatedly at extremely inconvenient
23 hours; or
24 (4) communicates repeatedly in a manner not covered by
25 paragraph (2) or (3).
26 (a.1) Stalking by communication or address.--A person
27 commits the crime of stalking by communication or address when
28 the person engages in a course of conduct or repeatedly
29 communicates to another under circumstances which demonstrate or
30 communicate either of the following:
19990S0167B1072 - 4 -
1 (1) An intent to place such other person in reasonable
2 fear of bodily injury.
3 (2) An intent to cause substantial emotional distress to
4 such other person.
5 (b) Venue.--Any offense committed under [paragraph (a)(1) of
6 this section] subsection (a) or (a.1) may be deemed to have been
7 committed at either the place at which the [telephone call or
8 calls] communication or communications were made or at the place
9 where the [telephone call or calls] communication or
10 communications were received.
11 (c) Grading.--
12 (1) An offense under subsection (a) shall constitute a
13 misdemeanor of the third degree.
14 (2) Except as set forth under paragraph (3) or (4), an
15 offense under subsection (a.1) shall constitute a misdemeanor
16 of the first degree.
17 (3) A second or subsequent offense under subsection
18 (a.1) shall constitute a felony of the third degree.
19 (4) A first offense under subsection (a.1), if the
20 person has been previously convicted of any crime of violence
21 involving this same victim, family or household members,
22 including, but not limited to, a violation of section 2701
23 (relating to simple assault), 2702 (relating to aggravated
24 assault), 2705 (relating to recklessly endangering another
25 person), 2709 (relating to harassment and stalking), 2901
26 (relating to kidnapping), 3121 (relating to rape), 3123
27 (relating to involuntary deviate sexual intercourse) or
28 3124.1 (relating to sexual assault), an order issued under
29 section 4954 (relating to protective orders) or an order
30 issued under 23 Pa.C.S. § 6108 (relating to relief), shall
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1 constitute a felony of the third degree.
2 (d) False reports.--A person who knowingly gives false
3 information to any law enforcement officer with the intent to
4 implicate another under this section commits an offense under
5 section 4906 (relating to false reports to law enforcement
6 authorities).
7 (e) Application of section.--This section shall not apply to
8 conduct by a party to a labor dispute as defined in the act of
9 June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
10 Injunction Act, or to any constitutionally protected activity.
11 (f) Definitions.--As used in this section, the following
12 words and phrases shall have the meanings given to them in this
13 subsection:
14 "Communicates." Conveys, without intent of legitimate
15 communication or address, by written or electronic means
16 including telephone, electronic mail, Internet, facsimile, telex
17 and similar transmissions.
18 "Course of conduct." A pattern of actions composed of more
19 than one act over a period of time, however short, evidencing a
20 continuity of conduct. Acts indicating a course of conduct which
21 occur in more than one jurisdiction may be used by any other
22 jurisdiction in which an act occurred as evidence of a
23 continuing pattern of conduct or a course of conduct.
24 "Emotional distress." A temporary or permanent state of
25 great physical or mental strain. MENTAL ANGUISH. <--
26 "Family or household member." Spouses or persons who have
27 been spouses, persons living as spouses or who lived as spouses,
28 parents and children, other persons related by consanguinity or
29 affinity, current or former sexual or intimate partners or
30 persons who share biological parenthood.
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1 Section 3. This act shall take effect in 60 days.
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