1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in falsification and intimidation,
3providing for the offense of intimidation of witnesses or
4victims on an Internet website.

5This act shall be known and may be cited as the Website
6Witness and Victim Protection Act.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Title 18 of the Pennsylvania Consolidated
10Statutes is amended by adding a section to read:

11§ 4952.1.  Intimidation of witnesses or victims on an Internet
12website.

13(a)  Declaration of policy.--The General Assembly finds and
14declares as follows:

15(1) The Internet is an increasingly valuable medium for
16the collection and dissemination of information.

17(2) There is increasing information posted on websites
18concerning information on individuals who have provided

1information in the investigation of criminal cases.

2(3) The posting of such information has led to the
3intimidation of witnesses, as well as bodily injury or death
4to such individuals or their family members in retaliation
5for the information that they have provided.

6(4) Websites of this nature are causing concern in the
7criminal justice system, where informants play an important
8role in criminal investigations.

9(5) The Commonwealth has a compelling interest in
10protecting the names or identities of individuals who have
11cooperated in any criminal investigation, especially those
12who serve as witnesses in providing information on ongoing
13criminal investigations. In doing so, the General Assembly
14must enact a narrowly tailored remedy to avoid and eliminate
15any interference with criminal investigations and
16prosecutions.

17(b)  Prohibition.--A person commits an offense under this
18section if, with the intent to or with the knowledge that the
19person's conduct will obstruct, impede, impair, prevent or
20interfere with the administration of criminal justice, the
21person electronically publishes:

22(1) an individual's name or identity as it relates to
23that individual serving as a witness to a criminal
24investigation within this Commonwealth; or

25(2) a victim's name or identity as it relates to a
26criminal investigation within this Commonwealth.

27(c)  Criminal enforcement.--The following shall apply:

28(1) District attorneys shall have authority to
29investigate and to institute criminal proceedings for any
30violation of this section.

1(2) In addition to the authority conferred upon the
2Attorney General under the act of October 15, 1980 (P.L.950,
3No.164), known as the Commonwealth Attorneys Act, the
4Attorney General shall have the authority to investigate and
5institute criminal proceedings for any violation of this
6section. A person charged with a violation of this section by
7the Attorney General shall not have standing to challenge the
8authority of the Attorney General to investigate or prosecute
9the case, and, if any such challenge is made, the challenge
10shall be dismissed and no relief shall be available in the
11courts of this Commonwealth to the person making the
12challenge.

13(3) In addition to the powers conferred upon district
14attorneys and the Attorney General in paragraphs (1) and (2),
15district attorneys and the Attorney General shall have the
16authority to investigate and initiate criminal proceedings
17against persons for violations of this section in accordance
18with section 102 (relating to territorial applicability).

19(4) If a district attorney or the Attorney General
20initiates criminal proceedings for violations of this
21section, the district attorney or Attorney General shall
22provide notice to the owner or operator of the Internet
23website where the violation occurred.

24(d)  Penalty.--A person who violates the provisions of this
25section commits a felony of the second degree and shall, upon
26conviction, be sentenced to imprisonment of not less than one
27year nor more than ten years or to pay a fine, notwithstanding
28section 1101 (relating to fines), of not more than $25,000.

29(e)  Definitions.--The following words and phrases when used
30in this section shall have the meanings given to them in this

1subsection unless the context clearly indicates otherwise:

2"Internet." The global information system that is logically
3linked together by a globally unique address space based on the
4Internet Protocol (IP), or its subsequent extensions, and that
5is able to support communications using the transmission control
6extensions, or other IP-compatible protocols, and that provides,
7uses or makes accessible, either publicly or privately, high-
8level services layered on the communications and related
9infrastructure described in this section.

10"Person."  Any individual, partnership, corporation, limited
11liability company or other organization, or any combination
12thereof.

13Section 2. This act shall take effect in 60 days.