THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY JOHNSON, WHEATLEY, BAKER, BELFANTI, BEYER, BOBACK, COHEN, D. COSTA, CREIGHTON, FARRY, FLECK, GOODMAN, HALUSKA, HARHAI, HARPER, HORNAMAN, KULA, MANN, MUNDY, MURT, PALLONE, PARKER, PASHINSKI, READSHAW, SEIP, SIPTROTH, K. SMITH, STURLA, J. TAYLOR, THOMAS, WATERS AND YOUNGBLOOD, NOVEMBER 10, 2009

REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 10, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in computer offenses, providing for

the offense of online impersonation; and making an editorial

change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 76 Subchapter E heading of Title 18 of

the Pennsylvania Consolidated Statutes is amended to read:

SUBCHAPTER E

ELECTRONIC MAIL AND INTERNET OFFENSES

Section 2.  Title 18 is amended by adding a section to read:

§ 7662.  Online impersonation.

(a)  Offense defined.--A person commits the crime of online

impersonation if the person:

(1)  Uses the name or persona of another person to create

a web page on or to post one or more messages on a commercial

social networking site or sends an electronic mail, instant

message, text message or similar communication without

obtaining the other person's consent and with the intent to

harm, defraud, intimidate or threaten any person.

(2)  Sends an electronic mail, instant message, text

message or similar communication that references a name,

domain address, telephone number or other item of identifying

information belonging to any person without obtaining the

other person's consent, with the intent to cause a recipient

of the communication to reasonably believe that the other

person authorized or transmitted the communication and with

the intent to harm or defraud any person.

(3)  Uses the name or persona of a public official to

create a web page on or to post one or more messages on a

commercial social networking site or sends an electronic

mail, instant message, text message or similar communication

without obtaining the public official's consent and with the

intent to induce another to submit to such pretended official

authority, to solicit funds or otherwise to act in reliance

upon that pretense to the other person's detriment.

(b)  Grading.--

(1)  An offense under subsection (a)(1) or (2) shall

constitute a misdemeanor of the third degree for each

separate offense.

(2)  An offense under subsection (a)(3) shall constitute

a misdemeanor of the second degree.

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Commercial social networking site."  A business,

organization or other similar entity that operates a website and

permits persons to become registered users for the purpose of

establishing personal relationships with other users through

direct or real-time communication with other users or the

creation of web pages or profiles available to the public or to

other users. The term does not include an electronic mail

program or a message board program.

"Identifying information."  Information that alone or in

conjunction with other information identifies a person,

including a person's:

(1)  Name and Social Security number, date of birth or

government-issued identification number.

(2)  Unique biometric data, including the person's

fingerprint, voice print or retina or iris image.

(3)  Unique electronic identification number, address,

routing code or financial institution account number.

(4)  Telecommunication identifying information or access

device.

"Public official."  A person elected by the public or elected

or appointed by a governmental body or an appointed official in

the executive, legislative or judicial branch of the

Commonwealth or any political subdivision thereof.

Section 3.  This act shall take effect in 60 days.