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PRINTER'S NO. 967
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
854
Session of
2015
INTRODUCED BY COSTA, FOLMER, FONTANA, VULAKOVICH, BOSCOLA,
TARTAGLIONE, HUGHES, BREWSTER, VOGEL, RAFFERTY, PILEGGI AND
BROWNE, MAY 28, 2015
REFERRED TO JUDICIARY, MAY 28, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for
stalking; and, in wiretapping and electronic surveillance,
providing for prohibited use of mobile tracking devices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2709.1(a), (b), (e) and (f) of Title 18
of the Pennsylvania Consolidated Statutes are amended to read:
ยง 2709.1. Stalking.
(a) Offense defined.--A person commits the crime of stalking
when the person [either]:
(1) engages in a course of conduct or repeatedly commits
acts toward another person, including following the person
without proper authority, under circumstances which
demonstrate either an intent to place such other person in
reasonable fear of bodily injury or to cause substantial
emotional distress to such other person; [or]
(2) engages in a course of conduct or repeatedly
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communicates to another person under circumstances which
demonstrate or communicate either an intent to place such
other person in reasonable fear of bodily injury or to cause
substantial emotional distress to such other person[.]; or
(3) uses a tracking device without proper authority to
track another person as prohibited under section 5762(a)
(relating to prohibited use of mobile tracking devices).
(b) Venue.--
(1) An offense committed under this section may be
deemed to have been committed at either the place at which
the communication or communications were made or at the place
where the communication or communications were received.
(2) Acts indicating a course of conduct which occur in
more than one jurisdiction may be used by any other
jurisdiction in which an act occurred as evidence of a
continuing pattern of conduct or a course of conduct.
(3) An offense committed under subsection (a)(3) may be
prosecuted in the jurisdiction where the person was tracked
or in the jurisdiction where the tracking was monitored.
* * *
(e) Application of section.--
(1) This section shall not apply to conduct by a party
to a labor dispute as defined in the act of June 2, 1937
(P.L.1198, No.308), known as the Labor Anti-Injunction Act,
or to any constitutionally protected activity.
(2) The provisions of subsection (a)(3) shall not apply
to conduct authorized under section 5761 (relating to mobile
tracking devices) or 5762(b) (relating to prohibited use of
mobile tracking devices).
(f) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection:
"Communicates." To convey a message without intent of
legitimate communication or address by oral, nonverbal, written
or electronic means, including telephone, electronic mail,
Internet, facsimile, telex, wireless communication or similar
transmission.
"Course of conduct." A pattern of actions composed of more
than one act over a period of time, however short, evidencing a
continuity of conduct. The term includes lewd, lascivious,
threatening or obscene words, language, drawings, caricatures or
actions, either in person or anonymously. Acts indicating a
course of conduct which occur in more than one jurisdiction may
be used by any other jurisdiction in which an act occurred as
evidence of a continuing pattern of conduct or a course of
conduct.
"Emotional distress." A temporary or permanent state of
mental anguish.
"Family or household member." Spouses or persons who have
been spouses, persons living as spouses or who lived as spouses,
parents and children, other persons related by consanguinity or
affinity, current or former sexual or intimate partners or
persons who share biological parenthood.
"Tracking device." An electronic or mechanical device that
permits only the tracking of the movement of a person or object.
Section 2. Title 18 is amended by adding a section to read:
ยง 5762. Prohibited use of mobile tracking devices.
(a) Prohibition.--Except as authorized under section 5761
(relating to mobile tracking devices) or subsection (b), a
person may not:
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(1) intentionally install or place or cause to be
installed or placed a mobile tracking device by intentionally
deceptive means; and
(2) use the mobile tracking device to track the location
of another person without the lawful consent of the person.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to the installation, placement or use of an electronic
tracking device by any of the following:
(1) A law enforcement officer, judicial officer,
probation officer, parole officer or employee of the
Department of Corrections if the person is conducting
official duties in accordance with Federal and State law.
(2) The parent or legal guardian of a minor if the
parent or legal guardian is tracking any of the following:
(i) The minor.
(ii) A person authorized by the parent or legal
guardian as a caretaker of the minor during any time when
the minor is under the person's sole care.
(3) A legally authorized representative of an
incapacitated or incompetent adult.
(4) The owner of a fleet vehicle who is tracking the
fleet vehicle.
(5) An electronic communications provider if all of the
following apply:
(i) The installation, placement or use of the
electronic tracking device is disclosed in the electronic
communications provider's terms of use, privacy policy or
similar document, which is made available to the
customer.
(ii) The electronic communications provider does not
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commit willful and wanton misconduct in transmitting,
storing or caching electronic communications or messages
of others.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Electronic communications provider." Telecommunications
carriers, commercial mobile service providers and providers of
information services, including Internet service providers and
hosting service providers.
"Fleet vehicle." A motor vehicle that is:
(1) owned by a single entity and operated by employees
or agents of the entity for business or government purposes;
or
(2) held for lease, rent or sale by a motor vehicle
dealer for the general public.
"Tracking device." An electronic or mechanical device that
permits a person to remotely determine or track the position and
movement of another person.
Section 3. This act shall take effect in 60 days.
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