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                                                       PRINTER'S NO. 509

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 441 Session of 2007


        INTRODUCED BY SAINATO, DERMODY, DENLINGER, COHEN, BOYD,
           SIPTROTH, MELIO, HORNAMAN, GIBBONS, REICHLEY, SURRA,
           MARKOSEK, KOTIK, MAHONEY, HARHAI, R. STEVENSON, KAUFFMAN,
           PALLONE, CALTAGIRONE, YOUNGBLOOD, READSHAW, GRUCELA, CURRY,
           FREEMAN, WALKO, GEORGE, KORTZ, GEIST, JOSEPHS, SAYLOR,
           PETRARCA, HESS AND FRANKEL, FEBRUARY 26, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 26, 2007

                                     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,
    18  provided that access to the information is not generally
    19  permitted to members of the public and the person has a
    20  reasonable expectation of privacy in the information under the
    21  circumstances. The term includes, but is not limited to, a
    22  Social Security number, personal identification number and
    23  credit card number.
    24     Section 2.  This act shall take effect in 60 days.




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