PRINTER'S NO. 2203
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1658
Session of
2019
INTRODUCED BY DeLUCA, CALTAGIRONE, HILL-EVANS, A. DAVIS,
YOUNGBLOOD, READSHAW, SIMS, JOHNSON-HARRELL, McNEILL, KORTZ
AND ROZZI, JUNE 19, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in other offenses, providing for
unlawful dissemination of visual depiction of school
violence.
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:
ยง 7518. Unlawful dissemination of visual depiction of school
violence.
(a) Offense defined.--A person commits the offense of
unlawful dissemination of visual depiction of school violence
if, with intent to harass, annoy, alarm or bully a student, the
person disseminates a visual depiction of a fight between two or
more students that occurs in a school setting during school
hours or immediately before or after school hours.
(b) Defense.--It is a defense to a prosecution under this
section that the person disseminated the visual depiction with
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the consent of the student depicted.
(c) Grading.--An offense under subsection (a) shall be:
(1) A misdemeanor of the first degree, when the student
depicted is a minor.
(2) A misdemeanor of the second degree, when the student
depicted is not a minor.
(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) Nonapplicability.--Nothing in this section shall be
construed to apply to a law enforcement officer engaged in the
performance of the law enforcement officer's official duties.
(f) 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
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.
(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:
"Bully." To engage in an act or series of acts that:
(1) is directed at another student or students;
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(2) occurs in a school setting;
(3) is severe, persistent or pervasive; and
(4) has the effect of:
(i) substantially interfering with a student's
education;
(ii) creating a threatening environment; or
(iii) substantially disrupting the orderly operation
of the school.
"Law enforcement officer." Any officer of the United States,
of the Commonwealth or political subdivision thereof, or of
another state or subdivision thereof, who is empowered 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 offenses.
"Minor." An individual under 18 years of age.
"School." Any of the following:
(1) A public, private or parochial facility for the
education of students in grades kindergarten through 12.
(2) A charter school.
(3) A regional charter school.
(4) An area vocational-technical school.
(5) An intermediate unit.
"School setting." Any of the following locations:
(1) In a school.
(2) On school grounds.
(3) In a school vehicle.
(4) At a designated school bus stop.
(5) At an activity sponsored, supervised or sanctioned
by a school.
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"Visual depiction." A representation by picture, including,
but not limited to, a photograph, videotape, film or computer
image.
Section 2. This act shall take effect in 60 days.
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