PRINTER'S NO. 755
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
656
Session of
2015
INTRODUCED BY WATSON, BAKER, PICKETT, BOBACK, MARSICO, MAJOR,
BISHOP, STEPHENS, SANTARSIERO, SCHLOSSBERG, DRISCOLL,
TALLMAN, DEASY, MATZIE, GABLER, MILLARD, KORTZ, MURT, COHEN,
MALONEY, DONATUCCI, READSHAW, O'NEILL, M. K. KELLER, PETRI,
D. COSTA, GROVE, McCARTER, V. BROWN AND ROZZI,
FEBRUARY 26, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 26, 2015
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in forgery and fraudulent practices, defining the
offense of online impersonation and prescribing a penalty;
and, in particular rights and immunities, providing for
damages in actions for online impersonation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 4121. Online impersonation.
(a) Offense defined.--A person commits the offense of online
impersonation if the person:
(1) uses the name, persona or identifying information of
another person or of a fictitious person to do any of the
following:
(i) create a web page;
(ii) post one or more messages on a commercial
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social networking site;
(iii) send an e-mail, instant message, text message
or similar communication;
(iv) open an e-mail account; or
(v) open an account or profile on a commercial
social networking site; and
(2) engages in activity prohibited under any of the
following:
(i) section 2706 (relating to terroristic threats);
(ii) section 2709 (relating to harassment);
(iii) section 2709.1 (relating to stalking);
(iv) section 4952 (relating to intimidation of
witnesses or victims); or
(v) section 4953 (relating to retaliation against
witness, victim or party).
(b) Grading.--A violation of subsection (a) shall be
classified as a misdemeanor of the second degree or one degree
higher in the classification specified in section 106 (relating
to classes of offenses) than the classification of the
underlying offense set forth in subsection (a)(2), whichever is
greater. Each violation constitutes a separate offense.
(c) Construction.--Nothing in this section shall be
construed to apply to works of public interest, including
commentary, satire and parody.
(d) Territorial applicability.--A person may be convicted
under the provisions of this section if the victim or the
offender is located within this Commonwealth.
(e) Concurrent jurisdiction to prosecute.--In addition to
the authority conferred upon the Attorney General by the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
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Attorneys Act, the Attorney General shall have the authority to
investigate and to institute criminal proceedings for any
violation of this section or any series of violations involving
more than one county of this Commonwealth or another state. No
person charged with a violation of this section by the Attorney
General shall have standing to challenge the authority of the
Attorney General to investigate or prosecute the case, and if a
challenge is made, the challenge shall be dismissed, and no
relief shall be made available in the courts of this
Commonwealth to the person making the challenge.
(f) 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 an Internet
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.
"Document." Any writing, including, but not limited to, a
birth certificate, Social Security card, driver's license,
nondriver government-issued identification card, baptismal
certificate, access device card, employee identification card,
school identification card or other identifying information
recorded by any other method, including, but not limited to,
information stored on a computer, computer disc, computer
printout, computer system, or part thereof, or by any other
mechanical or electronic means.
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"Identifying information." Any document, photographic,
pictorial or computer image of another person or any fact used
to establish identity, including, but not limited to, a name, e-
mail address, birth date, Social Security number, driver's
license number, nondriver governmental identification number,
telephone number, checking account number, savings account
number, student identification number, employee or payroll
number or electronic signature. The term includes a document,
photographic, pictorial or computer image of a fictitious person
or any fact used to establish identity as provided in this
definition in the case of a fictitious person.
Section 2. Title 42 is amended by adding a section to read:
§ 8316.2. Damages in actions for online impersonation.
(a) Cause of action established.--A person may bring a civil
cause of action based upon online impersonation as defined in 18
Pa.C.S. § 4121 (relating to online impersonation) in order to
recover damages for any loss or injury sustained as a result of
the violation.
(b) Parties authorized to bring action.--An action may be
brought by:
(1) A natural person.
(2) A parent or guardian of a natural person, if the
natural person is incompetent or is an individual under 18
years of age.
(3) A corporation, partnership, limited liability
company, business trust, other association, estate, trust or
foundation.
(c) Damages.--A court of competent jurisdiction may award
damages as follows:
(1) Actual damages arising from the incident or $500,
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whichever is greater. Damages include loss of money,
reputation or prope rty, whether real or personal. The court
may, in its di scretion, award up to three times the actual
damages sustained, but not less than $500.
(2) Reasonable attorney fees and court costs.
(3) Additional relief the court deems necessary and
proper.
(d) Other remedies preserved.--Nothing in this section shall
be construed to limit the ability of a person to receive
restitution pursuant to 18 Pa.C.S. § 1106 (relating to
restitution for injuries to person or property).
(e) Nonapplicability.--The provisions of this section shall
not be applicable to:
(1) A law enforcement officer acting in the course and
legitimate scope of the law enforcement officer's duties.
(2) A person who acts within the course and legitimate
scope of the person's employment in order to obtain evidence
of unlawful activity.
Section 3. This act shall take effect in 60 days.
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