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PRIOR PRINTER'S NO. 1821
PRINTER'S NO. 3645
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1339
Session of
2015
INTRODUCED BY PYLE, KOTIK, WARNER, REESE, ROZZI, DIAMOND, GROVE,
MURT, METCALFE, HARHAI, TOOHIL, BOBACK, HEFFLEY, SANKEY,
EVERETT, WATSON, B. MILLER, BAKER, M. K. KELLER, KORTZ,
SONNEY, METZGAR, COHEN, JOZWIAK, IRVIN, GILLEN, SAYLOR,
HARPER, CAUSER, PHILLIPS-HILL AND DAVIS, JUNE 16, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 27, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in burglary and other criminal
intrusion, providing for the offense of criminal surveillance
UNLAWFUL USE OF UNMANNED AIRCRAFT.
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:
§ 3505. Criminal surveillance.
(a) Offense defined.--A person commits the crime of criminal
surveillance if he trespasses in a private place with the intent
to engage in surveillance of another person.
§ 3505. UNLAWFUL USE OF UNMANNED AIRCRAFT.
(A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF
UNLAWFUL USE OF UNMANNED AIRCRAFT IF THE PERSON INTENTIONALLY OR
KNOWINGLY USES AN UNMANNED AIRCRAFT TO CONDUCT SURVEILLANCE OF
ANOTHER PERSON IN A PRIVATE PLACE.
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(b) Separate violations.--A separate violation of this
section shall occur:
(1) for each victim of an offense under subsection (a)
under the same or similar circumstances pursuant to one
scheme or course of conduct whether at the same or different
time; or
(2) if a person is a victim of an offense under
subsection (a) on more than one occasion during a separate
course of conduct either individually or otherwise.
(c) Penalties.--
(1) A single violation of this section shall constitute
a summary offense.
(2) Multiple violations of this section shall constitute
a misdemeanor of the third degree.
(d) Exceptions.--Subsection (a) shall not apply if the
conduct proscribed under subsection (a) is done by any of the
following:
(1) Law enforcement officers engaged in the performance
of their official law enforcement duties .
(2) Law enforcement officers, personnel of the
Department of Corrections or a local correctional facility,
prison or jail for security purposes or during investigation
of alleged misconduct by a person in the custody of the
Department of Corrections or local authorities.
(3) Firefighters, as defined in section 2 of the act of
December 16, 1998 (P.L.980, No.129), known as the Police
Officer, Firefighter, Correction Employee and National Guard
Member Child Beneficiary Education Act, or special fire
police, as provided for in 35 Pa.C.S. Ch. 74 Subch. D
(relating to special fire police), engaged in the performance
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of their official firefighting or fire police duties.
(4) Emergency medical responders, as defined in 35
Pa.C.S. § 8103 (relating to definitions), engaged in the
performance of their official duties.
(5) A person who is a passenger or pilot of an aircraft
operating in a manner consistent with 74 Pa.C.S. § 5501
(relating to ownership of space).
(5) AN EMPLOYEE OR AGENT OF AN ELECTRIC, WATER, NATURAL
GAS OR OTHER UTILITY WHILE ENGAGED IN THE PERFORMANCE OF THE
EMPLOYEE'S OR AGENT'S OFFICIAL DUTIES.
(6) A PERSON ENGAGED IN AERIAL DATA COLLECTION, IF THE
UNMANNED AIRCRAFT IS AUTHORIZED BY AN EXEMPTION THAT IS
ISSUED BY THE FEDERAL AVIATION ADMINISTRATION OR IS USED IN
COMPLIANCE WITH REGULATIONS PROMULGATED BY THE FEDERAL
AVIATION ADMINISTRATION.
(7) AN EMPLOYEE OR AGENT OF A GOVERNMENT AGENCY WHILE
ENGAGED IN THE PERFORMANCE OF THE EMPLOYEE'S OR AGENT'S
OFFICIAL DUTIES.
(e) 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:
"Aircraft." The term as defined in 74 Pa.C.S. § 5102
(relating to definitions).
"Law enforcement officer." Any officer of the United States,
of another state or subdivision thereof, or of the Commonwealth
or political subdivision thereof, who is empowered by law to
conduct investigations of or to make arrests for offenses
enumerated in this title or an equivalent crime in another
jurisdiction and any attorney authorized by law to prosecute or
participate in the prosecution of such offense.
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"Private place." A place where a person may reasonably
expect to be safe from surveillance. HAS A REASONABLE
EXPECTATION OF PRIVACY.
"Surveillance." Observation or recording of the activities
of another person or invading the privacy of the person
observed.
"Trespassing." Entering or remaining, or causing any
instrument or device equipped with technology to facilitate
surveillance to enter or remain, on the land or in the airspace
of another, by one who knows he is not authorized or privileged
to do so. USING OR CAUSING TO BE USED AN UNMANNED AIRCRAFT TO
ENTER OR REMAIN ON OR ABOVE THE LAND OF ANOTHER IN ORDER TO
OBSERVE, RECORD OR INVADE THE PRIVACY OF ANOTHER.
"UNMANNED AIRCRAFT." AN AIRCRAFT THAT IS OPERATED WITHOUT
THE POSSIBILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR ON
THE AIRCRAFT.
Section 2. This act shall take effect in 90 days.
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