PRINTER'S NO. 2417

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 1814 Session of 2005

        INTRODUCED BY SAINATO, BLAUM, BUNT, TIGUE, LEH, MANN, WHEATLEY,
           GEIST, CRAHALLA, BELARDI, SAYLOR, STABACK, GOODMAN,
           CALTAGIRONE, O'NEILL, DeWEESE, SHANER, LEDERER, HALUSKA,
           BARRAR, READSHAW, CAPPELLI, KOTIK, FREEMAN, CORRIGAN,
           PETRARCA, BOYD, CASORIO, FABRIZIO, THOMAS, HARPER, JOSEPHS,
           MUNDY, J. TAYLOR, McGEEHAN, HENNESSEY AND MYERS,
           JUNE 30, 2005

        REFERRED TO COMMITTEE ON JUDICIARY, JUNE 30, 2005

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for the offense of unlawful
     3     capture and electronic transmission of private information.

     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  § 7507.2.  Unlawful capture and electronic transmission of
     9             private information.
    10     (a)  Offense defined.--A person commits a misdemeanor of the
    11  third degree if he:
    12         (1)  intends to capture private information of another
    13     person and knowingly captures that private information
    14     without the other person's consent; or
    15         (2)  electronically transmits private information
    16     captured in violation of paragraph (1).

     1     (b)  Separate offenses.--Each act of capturing or
     2  electronically transmitting private information constitutes a
     3  separate offense.
     4     (c)  Exception.--Subsection (a) shall not apply to any lawful
     5  activity by law enforcement officers during a criminal
     6  investigation.
     7     (d)  Definitions.--As used in this section, the following
     8  words and phrases shall have the meanings given to them in this
     9  subsection:
    10     "Capture."  To photograph, film, videotape or record by any
    11  other similar means, including, but not limited to, a camera
    12  phone.
    13     "Electronically transmit."  To transfer, by satellite, wire,
    14  microwave or other communication medium, including, but not
    15  limited to, electronic mail, Internet, telephone or wireless
    16  telephone.
    17     "Private information."  Any information about a person that
    18  is not freely available to the public or in which the person has
    19  a reasonable expectation of privacy. The term includes, but is
    20  not limited to, a Social Security number, personal
    21  identification number and credit card number.
    22     Section 2.  This act shall take effect in 60 days.






    F7L18DMS/20050H1814B2417         - 2 -