AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, providing for the offense of criminal
3surveillance.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 3505. Criminal surveillance.

9(a) Offense defined.--A person commits the crime of criminal
10surveillance if he engages in surveillance while trespassing in
11a private place.

12(b) Separate violations.--A separate violation of this
13section shall occur:

14(1) for each victim of an offense under subsection (a)
15under the same or similar circumstances pursuant to one
16scheme or course of conduct whether at the same or different

1time; or

2(2) if a person is a victim of an offense under
3subsection (a) on more than one occasion during a separate
4course of conduct either individually or otherwise.

5(c) Penalties.--

6(1) A single violation of this section shall constitute
7a summary offense.

8(2) Multiple violations of this section shall constitute
9a misdemeanor of the third degree.

10(d) Exceptions.--Subsection (a) shall not apply if the
11conduct proscribed under subsection (a) is done by any of the
12following:

13(1) Law enforcement officers during a lawful criminal
14investigation.

15(2) Law enforcement officers, personnel of the
16Department of Corrections or a local correctional facility,
17prison or jail for security purposes or during investigation
18of alleged misconduct by a person in the custody of the
19Department of Corrections or local authorities.

20(3) A person who is a passenger or pilot of an aircraft
21operating in a manner consistent with 74 Pa.C.S. § 5501
22(relating to ownership of space).

23(e) Definitions.--As used in this section, the following
24words and phrases shall have the meanings given to them in this
25subsection unless the context clearly indicates otherwise:

26"Aircraft." The term as defined in 74 Pa.C.S. § 5102
27(relating to definitions).

28"Private place." A place where a person may reasonably
29expect to be safe from casual or hostile intrusion or
30surveillance.

1"Surveillance." Observation of the activities of another
2person or invading the privacy of the person observed.

3"Trespassing." Entering or remaining, or causing any
4instrument or device equipped with technology to facilitate
5surveillance to enter or remain, on the land or in the airspace
6of another, by one who knows he is not authorized or privileged
7to do so.

8Section 2. This act shall take effect in 90 days.