PRINTER'S NO. 2900
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2019
Session of
2018
INTRODUCED BY M. QUINN, MEHAFFIE, MILLARD, BOBACK, BERNSTINE,
DAVIS, V. BROWN, STEPHENS, PHILLIPS-HILL, SCHLOSSBERG,
READSHAW, NEILSON, D. COSTA, SCHWEYER, DRISCOLL, TAYLOR, ROE,
HILL-EVANS, ROZZI, WARREN, WATSON, DeLUCA AND BRADFORD,
JANUARY 22, 2018
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 22, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, providing for the offense
of cyber abuse of child.
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:
§ 2709.2. Cyber abuse of child.
(a) Offense defined.--A person commits the offense of cyber
abuse of a child if the person intentionally or knowingly
communicates to a child any lewd, lascivious, threatening or
obscene words, language, drawings or caricatures under
circumstances which place the child in reasonable fear of bodily
injury or cause substantial emotional distress to the child.
(b) Juvenile offenders.--The following apply:
(1) If a juvenile is charged with an offense under this
section, the judicial authority with jurisdiction shall give
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first consideration to referring the juvenile to a
diversionary program under Pa.R.J.C.P. No. 312 (relating to
Informal Adjustment) or No. 370 (relating to Consent Decree).
As part of the diversionary program, the judicial authority
may order the juvenile to participate in an educational
program which includes the legal and nonlegal consequences of
cyber abuse.
(2) If a juvenile successfully completes a diversionary
program under paragraph (1), the juvenile's charges for an
offense under this section shall be expunged as provided for
under section 9123 (relating to juvenile records).
(c) Venue.--The following apply:
(1) An offense committed under this section may be
deemed to have been committed at the place where the
communication was made or at the place where the
communication was received.
(2) Acts indicating a course of conduct which occur in
more than one jurisdiction may be used by any other
jurisdiction where an act occurred as evidence of a
continuing pattern of conduct or a course of conduct.
(3) In addition to paragraphs (1) and (2), an offense
committed under this section may be deemed to have been
committed at the place where the child who is the subject of
the communication resides.
(d) Grading.--
(1) Except as provided in paragraph (2), (3) or (4), an
offense committed under this section shall be graded as a
misdemeanor of the third degree.
(2) An offense committed under this section by a person
who engages in a course of conduct shall be graded as a
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misdemeanor of the second degree.
(3) An offense under this section shall be graded as a
misdemeanor of the first degree if the complainant is under
18 years of age and the person is 13 or more years older than
the complainant.
(4) An offense committed under this section shall be
enhanced one degree if the person who committed the offense
has previously violated an order issued under section 4954
(relating to protective orders), 23 Pa.C.S. § 6108 (relating
to relief) or 42 Pa.C.S. Ch. 62A (relating to protection of
victims of sexual violence or intimidation) involving the
same victim, family or household member .
(e) False reports.--A person who knowingly gives false
information to any law enforcement officer with the intent to
implicate another under this section commits an offense under
section 4906 (relating to false reports to law enforcement
authorities).
(f) Application of section.--This section shall not apply to
constitutionally protected activity.
(g) 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:
"Communicates." Conveys a message without intent of
legitimate communication or address by oral, nonverbal, written
or electronic means, including telephone, e-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 which demonstrates a
continuity of conduct involving lewd, lascivious, threatening or
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obscene words, language, drawings, caricatures or actions. The
term includes actions conducted in-person or anonymously.
"Emotional distress." As defined in section 2709(f)
(relating to harassment).
"Family or household member." As defined in 23 Pa.C.S. §
6102(a) (relating to definitions).
Section 2. This act shall take effect in 60 days.
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