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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 1944, 2419               PRINTER'S NO. 2429

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1402 Session of 2002


        INTRODUCED BY D. WHITE, CORMAN, ERICKSON, BELL, BOSCOLA,
           BRIGHTBILL, DENT, ORIE, HOLL, HUGHES, LAVALLE, LEMMOND,
           LOGAN, C. WILLIAMS, MUSTO, O'PAKE, RHOADES, TARTAGLIONE,
           TOMLINSON, WAUGH, CONTI AND STACK, APRIL 29, 2002

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           NOVEMBER 26, 2002

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the offense of    <--
     3     OFFENSES OF RAPE, INVOLUNTARY DEVIATE SEXUAL INTERCOURSE,      <--
     4     AGGRAVATED INDECENT ASSAULT AND forgery; AND PROVIDING FOR     <--
     5     COMPUTER OFFENSES AND FOR PENALTIES.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 4101(b) of Title 18 of the Pennsylvania    <--
     9  Consolidated Statutes is amended to read:
    10     SECTION 1.  SECTION 3101 OF TITLE 18 OF THE PENNSYLVANIA       <--
    11  CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION TO READ:
    12  § 3101.  DEFINITIONS.
    13     SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
    14  PROVISIONS OF THIS CHAPTER WHICH ARE APPLICABLE TO SPECIFIC
    15  PROVISIONS OF THIS CHAPTER, THE FOLLOWING WORDS AND PHRASES WHEN
    16  USED IN THIS CHAPTER SHALL HAVE, UNLESS THE CONTEXT CLEARLY
    17  INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:


     1     * * *
     2     "SERIOUS BODILY INJURY."  AS DEFINED IN SECTION 2301
     3  (RELATING TO DEFINITIONS).
     4     * * *
     5     SECTION 1.1.  SECTIONS 3121, 3123 AND 3125 OF TITLE 18 ARE
     6  AMENDED TO READ:
     7  § 3121.  RAPE.
     8     (A)  OFFENSE DEFINED.--A PERSON COMMITS A FELONY OF THE FIRST
     9  DEGREE WHEN [HE OR SHE] THE PERSON ENGAGES IN SEXUAL INTERCOURSE
    10  WITH A COMPLAINANT:
    11         (1)  BY FORCIBLE COMPULSION.
    12         (2)  BY THREAT OF FORCIBLE COMPULSION THAT WOULD PREVENT
    13     RESISTANCE BY A PERSON OF REASONABLE RESOLUTION.
    14         (3)  WHO IS UNCONSCIOUS OR WHERE THE PERSON KNOWS THAT
    15     THE COMPLAINANT IS UNAWARE THAT THE SEXUAL INTERCOURSE IS
    16     OCCURRING.
    17         (4)  WHERE THE PERSON HAS SUBSTANTIALLY IMPAIRED THE
    18     COMPLAINANT'S POWER TO APPRAISE OR CONTROL HIS OR HER CONDUCT
    19     BY ADMINISTERING OR EMPLOYING, WITHOUT THE KNOWLEDGE OF THE
    20     COMPLAINANT, DRUGS, INTOXICANTS OR OTHER MEANS FOR THE
    21     PURPOSE OF PREVENTING RESISTANCE.
    22         (5)  WHO SUFFERS FROM A MENTAL DISABILITY WHICH RENDERS
    23     THE COMPLAINANT INCAPABLE OF CONSENT.
    24         (6)  WHO IS LESS THAN 13 YEARS OF AGE.
    25     (B)  ADDITIONAL PENALTIES.--IN ADDITION TO THE PENALTY
    26  PROVIDED FOR BY SUBSECTION (A), A PERSON MAY BE SENTENCED TO AN
    27  ADDITIONAL TERM NOT TO EXCEED TEN YEARS' CONFINEMENT AND AN
    28  ADDITIONAL AMOUNT NOT TO EXCEED $100,000 WHERE THE PERSON
    29  ENGAGES IN SEXUAL INTERCOURSE WITH A COMPLAINANT AND HAS
    30  SUBSTANTIALLY IMPAIRED THE COMPLAINANT'S POWER TO APPRAISE OR
    20020S1402B2429                  - 2 -

     1  CONTROL HIS OR HER CONDUCT BY ADMINISTERING OR EMPLOYING,
     2  WITHOUT THE KNOWLEDGE OF THE COMPLAINANT, ANY SUBSTANCE FOR THE
     3  PURPOSE OF PREVENTING RESISTANCE THROUGH THE INDUCEMENT OF
     4  EUPHORIA, MEMORY LOSS AND ANY OTHER EFFECT OF THIS SUBSTANCE.
     5     (C)  RAPE OF A CHILD.--A PERSON COMMITS THE OFFENSE OF RAPE
     6  OF A CHILD WHEN THE PERSON ENGAGES IN SEXUAL INTERCOURSE WITH A
     7  COMPLAINANT WHO IS LESS THAN 13 YEARS OF AGE.
     8     (D)  RAPE OF A CHILD WITH SERIOUS BODILY INJURY.--A PERSON
     9  COMMITS THE OFFENSE OF RAPE OF A CHILD RESULTING IN SERIOUS
    10  BODILY INJURY WHEN THE PERSON VIOLATES THIS SECTION AND THE
    11  COMPLAINANT IS UNDER 13 YEARS OF AGE AND SUFFERS SERIOUS BODILY
    12  INJURY IN THE COURSE OF THE OFFENSE.
    13     (E)  SENTENCES.--NOTWITHSTANDING THE PROVISIONS OF SECTION
    14  1103 (RELATING TO SENTENCE OF IMPRISONMENT FOR FELONY), A PERSON
    15  CONVICTED OF AN OFFENSE UNDER:
    16         (1)  SUBSECTION (C) SHALL BE SENTENCED TO A TERM OF
    17     IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT NOT MORE
    18     THAN 40 YEARS.
    19         (2)  SUBSECTION (D) SHALL BE SENTENCED UP TO A MAXIMUM
    20     TERM OF LIFE IMPRISONMENT.
    21  § 3123.  INVOLUNTARY DEVIATE SEXUAL INTERCOURSE.
    22     (A)  OFFENSE DEFINED.--A PERSON COMMITS A FELONY OF THE FIRST
    23  DEGREE WHEN [HE OR SHE] THE PERSON ENGAGES IN DEVIATE SEXUAL
    24  INTERCOURSE WITH A COMPLAINANT:
    25         (1)  BY FORCIBLE COMPULSION;
    26         (2)  BY THREAT OF FORCIBLE COMPULSION THAT WOULD PREVENT
    27     RESISTANCE BY A PERSON OF REASONABLE RESOLUTION;
    28         (3)  WHO IS UNCONSCIOUS OR WHERE THE PERSON KNOWS THAT
    29     THE COMPLAINANT IS UNAWARE THAT THE SEXUAL INTERCOURSE IS
    30     OCCURRING;
    20020S1402B2429                  - 3 -

     1         (4)  WHERE THE PERSON HAS SUBSTANTIALLY IMPAIRED THE
     2     COMPLAINANT'S POWER TO APPRAISE OR CONTROL HIS OR HER CONDUCT
     3     BY ADMINISTERING OR EMPLOYING, WITHOUT THE KNOWLEDGE OF THE
     4     COMPLAINANT, DRUGS, INTOXICANTS OR OTHER MEANS FOR THE
     5     PURPOSE OF PREVENTING RESISTANCE;
     6         (5)  WHO SUFFERS FROM A MENTAL DISABILITY WHICH RENDERS
     7     HIM OR HER INCAPABLE OF CONSENT;
     8         (6)  WHO IS LESS THAN 13 YEARS OF AGE; OR
     9         (7)  WHO IS LESS THAN 16 YEARS OF AGE AND THE PERSON IS
    10     FOUR OR MORE YEARS OLDER THAN THE COMPLAINANT AND THE
    11     COMPLAINANT AND PERSON ARE NOT MARRIED TO EACH OTHER.
    12     (B)  INVOLUNTARY DEVIATE SEXUAL INTERCOURSE WITH A CHILD.--A
    13  PERSON COMMITS INVOLUNTARY DEVIATE SEXUAL INTERCOURSE WITH A
    14  CHILD WHEN THE PERSON ENGAGES IN DEVIATE SEXUAL INTERCOURSE WITH
    15  A COMPLAINANT WHO IS LESS THAN 13 YEARS OF AGE.
    16     (C)  INVOLUNTARY DEVIATE SEXUAL INTERCOURSE WITH A CHILD WITH
    17  SERIOUS BODILY INJURY.--A PERSON COMMITS AN OFFENSE UNDER THIS
    18  SECTION WITH A CHILD RESULTING IN SERIOUS BODILY INJURY WHEN THE
    19  PERSON VIOLATES THIS SECTION AND THE COMPLAINANT IS LESS THAN 13
    20  YEARS OF AGE AND THE COMPLAINANT SUFFERS SERIOUS BODILY INJURY
    21  IN THE COURSE OF THE OFFENSE.
    22     (D)  SENTENCES.--NOTWITHSTANDING THE PROVISIONS OF SECTION
    23  1103 (RELATING TO SENTENCE OF IMPRISONMENT FOR FELONY), A PERSON
    24  CONVICTED OF AN OFFENSE UNDER:
    25         (1)  SUBSECTION (B) SHALL BE SENTENCED TO A TERM OF
    26     IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT NOT MORE
    27     THAN 40 YEARS.
    28         (2)  SUBSECTION (C) SHALL BE SENTENCED UP TO A MAXIMUM
    29     TERM OF LIFE IMPRISONMENT.
    30     [(B)] (E)  DEFINITION.--AS USED IN THIS SECTION, THE TERM
    20020S1402B2429                  - 4 -

     1  "FORCIBLE COMPULSION" INCLUDES, BUT IS NOT LIMITED TO,
     2  COMPULSION RESULTING IN ANOTHER PERSON'S DEATH, WHETHER THE
     3  DEATH OCCURRED BEFORE, DURING OR AFTER THE SEXUAL INTERCOURSE.
     4  § 3125.  AGGRAVATED INDECENT ASSAULT.
     5     (A)  OFFENSES DEFINED.--EXCEPT AS PROVIDED IN SECTIONS 3121
     6  (RELATING TO RAPE), 3122.1 (RELATING TO STATUTORY SEXUAL
     7  ASSAULT), 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
     8  INTERCOURSE) AND 3124.1 (RELATING TO SEXUAL ASSAULT), A PERSON
     9  WHO ENGAGES IN PENETRATION, HOWEVER SLIGHT, OF THE GENITALS OR
    10  ANUS OF A COMPLAINANT WITH A PART OF THE PERSON'S BODY FOR ANY
    11  PURPOSE OTHER THAN GOOD FAITH MEDICAL, HYGIENIC OR LAW
    12  ENFORCEMENT PROCEDURES COMMITS AGGRAVATED INDECENT ASSAULT, [A
    13  FELONY OF THE SECOND DEGREE,] IF:
    14         (1)  THE PERSON DOES SO WITHOUT THE COMPLAINANT'S
    15     CONSENT;
    16         (2)  THE PERSON DOES SO BY FORCIBLE COMPULSION;
    17         (3)  THE PERSON DOES SO BY THREAT OF FORCIBLE COMPULSION
    18     THAT WOULD PREVENT RESISTANCE BY A PERSON OF REASONABLE
    19     RESOLUTION;
    20         (4)  THE COMPLAINANT IS UNCONSCIOUS OR THE PERSON KNOWS
    21     THAT THE COMPLAINANT IS UNAWARE THAT THE PENETRATION IS
    22     OCCURRING;
    23         (5)  THE PERSON HAS SUBSTANTIALLY IMPAIRED THE
    24     COMPLAINANT'S POWER TO APPRAISE OR CONTROL HIS OR HER CONDUCT
    25     BY ADMINISTERING OR EMPLOYING, WITHOUT THE KNOWLEDGE OF THE
    26     COMPLAINANT, DRUGS, INTOXICANTS OR OTHER MEANS FOR THE
    27     PURPOSE OF PREVENTING RESISTANCE;
    28         (6)  THE COMPLAINANT SUFFERS FROM A MENTAL DISABILITY
    29     WHICH RENDERS HIM OR HER INCAPABLE OF CONSENT;
    30         (7)  THE COMPLAINANT IS LESS THAN 13 YEARS OF AGE; OR
    20020S1402B2429                  - 5 -

     1         (8)  THE COMPLAINANT IS LESS THAN 16 YEARS OF AGE AND THE
     2     PERSON IS FOUR OR MORE YEARS OLDER THAN THE COMPLAINANT AND
     3     THE COMPLAINANT AND THE PERSON ARE NOT MARRIED TO EACH OTHER.
     4     (B)  AGGRAVATED INDECENT ASSAULT OF A CHILD.--A PERSON
     5  COMMITS AGGRAVATED INDECENT ASSAULT OF A CHILD WHEN THE PERSON
     6  VIOLATES SUBSECTION (A)(1), (2), (3), (4), (5) OR (6) AND THE
     7  COMPLAINANT IS LESS THAN 13 YEARS OF AGE.
     8     (C)  GRADING AND SENTENCES.--
     9         (1)  AN OFFENSE UNDER SUBSECTION (A) IS A FELONY OF THE
    10     SECOND DEGREE.
    11         (2)  AN OFFENSE UNDER SUBSECTION (B) IS A FELONY OF THE
    12     FIRST DEGREE.
    13     SECTION 1.2.  SECTION 3933 OF TITLE 18 IS REPEALED.
    14     SECTION 1.3.  SECTION 4101(B) OF TITLE 18 IS AMENDED TO READ:
    15  § 4101.  Forgery.
    16     * * *
    17     (b)  Definition.--As used in this section, the word "writing"
    18  includes printing or any other method of recording information,
    19  money, coins, tokens, stamps, seals, credit cards, badges,
    20  trademarks, electronic signatures and other symbols of value,
    21  right, privilege, or identification.
    22     * * *
    23     SECTION 2.  SECTIONS 3933 AND 7330 SECTION 7330 OF TITLE 18    <--
    24  ARE IS REPEALED.                                                  <--
    25     SECTION 3.  TITLE 18 IS AMENDED BY ADDING A CHAPTER TO READ:
    26                             CHAPTER 76
    27                         COMPUTER OFFENSES
    28  SUBCHAPTER
    29     A.  GENERAL PROVISIONS
    30     B.  HACKING AND SIMILAR OFFENSES
    20020S1402B2429                  - 6 -

     1     C.  INTERNET CHILD PORNOGRAPHY
     2     E.  ELECTRONIC MAIL
     3                            SUBCHAPTER A
     4                         GENERAL PROVISIONS
     5  SEC.
     6  7601.  DEFINITIONS.
     7  7602.  JURISDICTION.
     8  7603.  RESTITUTION.
     9  7604.  CONCURRENT JURISDICTION.
    10  7605.  DEFENSE.
    11  7606.  CONSTRUCTION.
    12  § 7601.  DEFINITIONS.
    13     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    14  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    15  CONTEXT CLEARLY INDICATES OTHERWISE:
    16     "ACCESS."  TO INTERCEPT, INSTRUCT, COMMUNICATE WITH, STORE
    17  DATA IN, RETRIEVE DATA FROM OR OTHERWISE MAKE USE OF ANY
    18  RESOURCES OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK OR
    19  DATABASE.
    20     "COMPUTER."  AN ELECTRONIC, MAGNETIC, OPTICAL, HYDRAULIC,
    21  ORGANIC OR OTHER HIGH SPEED DATA PROCESSING DEVICE OR SYSTEM
    22  WHICH PERFORMS LOGIC, ARITHMETIC OR MEMORY FUNCTIONS AND
    23  INCLUDES ALL INPUT, OUTPUT, PROCESSING, STORAGE, SOFTWARE OR
    24  COMMUNICATION FACILITIES WHICH ARE CONNECTED OR RELATED TO THE
    25  DEVICE IN A SYSTEM OR NETWORK.
    26     "COMPUTER DATA."  A REPRESENTATION OF INFORMATION, KNOWLEDGE,
    27  FACTS, CONCEPTS OR INSTRUCTIONS WHICH IS BEING PREPARED OR HAS
    28  BEEN PREPARED AND IS INTENDED TO BE PROCESSED, IS BEING
    29  PROCESSED OR HAS BEEN PROCESSED IN A COMPUTER OR COMPUTER
    30  NETWORK, AND MAY BE IN ANY FORM, WHETHER READABLE ONLY BY A
    20020S1402B2429                  - 7 -

     1  COMPUTER OR ONLY BY A HUMAN OR BY EITHER, INCLUDING, BUT NOT
     2  LIMITED TO, COMPUTER PRINTOUTS, MAGNETIC STORAGE MEDIA, PUNCHED
     3  CARD OR STORED INTERNALLY IN THE MEMORY OF THE COMPUTER.
     4     "COMPUTER NETWORK."  THE INTERCONNECTION OF TWO OR MORE
     5  COMPUTERS THROUGH THE USAGE OF SATELLITE, MICROWAVE, LINE OR
     6  OTHER COMMUNICATION MEDIUM.
     7     "COMPUTER OPERATION."  ARITHMETIC, LOGICAL, MONITORING,
     8  STORAGE OR RETRIEVAL FUNCTIONS AND ANY COMBINATION THEREOF,
     9  INCLUDING, BUT NOT LIMITED TO, COMMUNICATION WITH, STORAGE OF
    10  DATA TO, OR RETRIEVAL OF DATA FROM ANY DEVICE OR HUMAN HAND
    11  MANIPULATION OF ELECTRONIC OR MAGNETIC IMPULSES. IN REFERENCE TO
    12  A PARTICULAR COMPUTER THE TERM ALSO INCLUDES ANY FUNCTION FOR
    13  WHICH THAT COMPUTER WAS GENERALLY DESIGNED.
    14     "COMPUTER PROGRAM."  AN ORDERED SET OF INSTRUCTIONS OR
    15  STATEMENTS AND RELATED DATA THAT, WHEN AUTOMATICALLY EXECUTED IN
    16  ACTUAL OR MODIFIED FORM IN A COMPUTER SYSTEM, CAUSES IT TO
    17  PERFORM SPECIFIED FUNCTIONS.
    18     "COMPUTER SOFTWARE."  A SET OF COMPUTER PROGRAMS, PROCEDURES
    19  OR ASSOCIATED DOCUMENTATION CONCERNED WITH THE OPERATION OF A
    20  COMPUTER SYSTEM.
    21     "COMPUTER SYSTEM."  A SET OF RELATED, CONNECTED OR
    22  UNCONNECTED COMPUTER EQUIPMENT, DEVICES AND SOFTWARE.
    23     "COMPUTER VIRUS."  A COMPUTER PROGRAM COPIED TO, CREATED ON
    24  OR INSTALLED TO A COMPUTER, COMPUTER NETWORK, COMPUTER PROGRAM,
    25  COMPUTER SOFTWARE OR COMPUTER SYSTEM WITHOUT THE INFORMED
    26  CONSENT OF THE OWNER OF THE COMPUTER, COMPUTER NETWORK, COMPUTER
    27  PROGRAM, COMPUTER SOFTWARE OR COMPUTER SYSTEM THAT MAY REPLICATE
    28  ITSELF AND THAT CAUSES OR CAN CAUSE UNAUTHORIZED ACTIVITIES
    29  WITHIN OR BY THE COMPUTER, COMPUTER NETWORK, COMPUTER PROGRAM,
    30  COMPUTER SOFTWARE OR COMPUTER SYSTEM.
    20020S1402B2429                  - 8 -

     1     "DATABASE."  A REPRESENTATION OF INFORMATION, KNOWLEDGE,
     2  FACTS, CONCEPTS OR INSTRUCTIONS WHICH ARE BEING PREPARED OR
     3  PROCESSED OR HAVE BEEN PREPARED OR PROCESSED IN A FORMALIZED
     4  MANNER AND ARE INTENDED FOR USE IN A COMPUTER, COMPUTER SYSTEM
     5  OR COMPUTER NETWORK, INCLUDING, BUT NOT LIMITED TO, COMPUTER
     6  PRINTOUTS, MAGNETIC STORAGE MEDIA, PUNCHED CARDS OR DATA STORED
     7  INTERNALLY IN THE MEMORY OF THE COMPUTER.
     8     "DENIAL-OF-SERVICE ATTACK."  AN EXPLICIT ATTEMPT TO PREVENT
     9  LEGITIMATE USERS OF A SERVICE FROM USING THAT SERVICE,
    10  INCLUDING, BUT NOT LIMITED TO:
    11         (1)  FLOODING A NETWORK, THEREBY PREVENTING LEGITIMATE
    12     NETWORK TRAFFIC;
    13         (2)  DISRUPTING CONNECTIONS BETWEEN TWO COMPUTERS,
    14     THEREBY PREVENTING ACCESS TO A SERVICE;
    15         (3)  PREVENTING A PARTICULAR PERSON FROM ACCESSING A
    16     SERVICE; OR
    17         (4)  DISRUPTING SERVICE TO A SPECIFIC COMPUTER SYSTEM OR
    18     PERSON.
    19     "DEPRIVE."  TO WITHHOLD PROPERTY OF ANOTHER PERMANENTLY OR
    20  FOR SO EXTENDED A PERIOD AS TO APPROPRIATE A MAJOR PORTION OF
    21  ITS ECONOMIC VALUE, OR WITH INTENT TO RESTORE ONLY UPON PAYMENT
    22  OF REWARD OR OTHER COMPENSATION, OR TO DISPOSE OF THE PROPERTY
    23  SO AS TO MAKE IT UNLIKELY THAT THE OWNER WILL RECOVER IT.
    24     "ECONOMIC VALUE."  THE MARKET VALUE OF PROPERTY OR AN
    25  INSTRUMENT WHICH CREATES, RELEASES, DISCHARGES OR OTHERWISE
    26  AFFECTS A VALUABLE LEGAL RIGHT, PRIVILEGE OR OBLIGATION AT THE
    27  TIME AND PLACE OF THE CRIME, OR IF SUCH CANNOT BE SATISFACTORILY
    28  ASCERTAINED, THE COST OF REPLACEMENT OF THE PROPERTY OR
    29  INSTRUMENT WITHIN A REASONABLE TIME AFTER THE CRIME.
    30     "ELECTRONIC MAIL SERVICE PROVIDER."  A PERSON WHO IS AN
    20020S1402B2429                  - 9 -

     1  INTERMEDIARY IN SENDING OR RECEIVING ELECTRONIC MAIL OR WHO
     2  PROVIDES TO END-USERS OF ELECTRONIC MAIL SERVICES THE ABILITY TO
     3  SEND OR RECEIVE ELECTRONIC MAIL.
     4     "ELECTRONIC MAIL TRANSMISSION INFORMATION."  INFORMATION USED
     5  TO IDENTIFY THE ORIGIN OR DESTINATION OF A TRANSMISSION OR TO
     6  AID IN ITS ROUTING, INCLUDING INFORMATION RECORDED AS PART OF
     7  ELECTRONIC MAIL, WHETHER OR NOT SUCH INFORMATION IS DISPLAYED
     8  INITIALLY TO THE USER UPON RECEIPT OF ELECTRONIC MAIL, THAT
     9  PURPORTS TO REPRESENT THE INFORMATION USED TO IDENTIFY THE
    10  ORIGIN OR DESTINATION OF A TRANSMISSION OR TO AID IN ITS
    11  ROUTING.
    12     "ESTABLISHED BUSINESS RELATIONSHIP."  A PRIOR OR EXISTING
    13  RELATIONSHIP FORMED BY A VOLUNTARY TWO-WAY COMMUNICATION
    14  INITIATED BY A PERSON OR ENTITY AND A RECIPIENT WITH OR WITHOUT
    15  AN EXCHANGE OF CONSIDERATION, ON THE BASIS OF AN INQUIRY,
    16  APPLICATION PURCHASE OR TRANSACTION BY THE RECIPIENT REGARDING
    17  PRODUCTS OR SERVICES OFFERED BY SUCH PERSONS OR ENTITY. IN
    18  REGARD TO AN INQUIRY, THE PERSON OR ENTITY SHALL OBTAIN THE
    19  CONSENT OF A RECIPIENT BEYOND THE INITIAL INQUIRY. AN
    20  ESTABLISHED BUSINESS RELATIONSHIP DOES NOT EXIST IF THE
    21  RECIPIENT REQUESTS TO BE REMOVED FROM THE DISTRIBUTION LISTS OF
    22  AN INITIATOR.
    23     "FAX."  THE TRANSMISSION OF THE FACSIMILE OF A DOCUMENT
    24  THROUGH A CONNECTION WITH A TELEPHONE OR COMPUTER NETWORK.
    25     "FINANCIAL INSTRUMENT."  INCLUDES, BUT IS NOT LIMITED TO, ANY
    26  CHECK, DRAFT, WARRANT, MONEY ORDER, NOTE, CERTIFICATE OF
    27  DEPOSIT, LETTER OF CREDIT, BILL OF EXCHANGE, CREDIT OR DEBIT
    28  CARD, TRANSACTION AUTHORIZATION MECHANISM, MARKETABLE SECURITY
    29  OR ANY COMPUTER SYSTEM REPRESENTATION THEREOF.
    30     "INTERNET SERVICE PROVIDER."  A PERSON WHO FURNISHES A
    20020S1402B2429                 - 10 -

     1  SERVICE THAT ENABLES USERS TO ACCESS CONTENT, INFORMATION,
     2  ELECTRONIC MAIL OR OTHER SERVICES OFFERED OVER THE INTERNET.
     3     "PERSON."  ANY INDIVIDUAL, CORPORATION, PARTNERSHIP,
     4  ASSOCIATION, ORGANIZATION OR ENTITY CAPABLE OF HOLDING A LEGAL
     5  OR BENEFICIAL INTEREST IN PROPERTY.
     6     "PROPERTY."  INCLUDES, BUT IS NOT LIMITED TO, FINANCIAL
     7  INSTRUMENTS, COMPUTER SOFTWARE AND PROGRAMS IN EITHER MACHINE OR
     8  HUMAN READABLE FORM, AND ANYTHING OF VALUE, TANGIBLE OR
     9  INTANGIBLE.
    10     "TELECOMMUNICATION DEVICE."  ANY TYPE OF INSTRUMENT, DEVICE,
    11  MACHINE OR EQUIPMENT WHICH IS CAPABLE OF TRANSMITTING,
    12  ACQUIRING, DECRYPTING OR RECEIVING ANY TELEPHONIC, ELECTRONIC,
    13  DATA, INTERNET ACCESS, AUDIO, VIDEO, MICROWAVE OR RADIO
    14  TRANSMISSIONS, SIGNALS, COMMUNICATIONS OR SERVICES, INCLUDING
    15  THE RECEIPT, ACQUISITION, TRANSMISSION OR DECRYPTION OF ALL SUCH
    16  COMMUNICATIONS, TRANSMISSIONS, SIGNALS OR SERVICES OVER ANY
    17  CABLE TELEVISION, TELEPHONE, SATELLITE, MICROWAVE, RADIO OR
    18  WIRELESS DISTRIBUTION SYSTEM OR FACILITY, OR ANY PART, ACCESSORY
    19  OR COMPONENT THEREOF, INCLUDING ANY COMPUTER CIRCUIT, SECURITY
    20  MODULE, SMART CARD, SOFTWARE, COMPUTER CHIP, ELECTRONIC
    21  MECHANISM OR OTHER COMPONENT, ACCESSORY OR PART WHICH IS CAPABLE
    22  OF FACILITATING THE TRANSMISSION, DECRYPTION, ACQUISITION OR
    23  RECEPTION OF ALL SUCH COMMUNICATIONS TRANSMISSIONS, SIGNALS OR
    24  SERVICES.
    25     "WIRELESS ADVERTISEMENT."  THE INITIATION OF A TELEPHONE CALL
    26  OR A MESSAGE CAPABLE OF PROVIDING TEXT, GRAPHIC OR IMAGE
    27  MESSAGES BY A COMMERCIAL MOBILE SERVICE PROVIDER, UNLICENSED
    28  WIRELESS SERVICES PROVIDER OR COMMON CARRIER WIRELESS EXCHANGE
    29  ACCESS SERVICE PROVIDER FOR THE PURPOSE OF MARKETING GOODS OR
    30  SERVICES. THE TERM DOES NOT INCLUDE A CALL OR MESSAGE TO A
    20020S1402B2429                 - 11 -

     1  PERSON WITH THAT PERSON'S PRIOR EXPRESS INVITATION OR PERMISSION
     2  OR TO A PERSON WITH WHOM THE CALLER HAS AN ESTABLISHED BUSINESS
     3  RELATIONSHIP.
     4     "WORLD WIDE WEB."  INCLUDES, BUT IS NOT LIMITED TO, A
     5  COMPUTER SERVER-BASED FILE ARCHIVE ACCESSIBLE, OVER THE
     6  INTERNET, USING A HYPERTEXT TRANSFER PROTOCOL, FILE TRANSFER
     7  PROTOCOL OR OTHER SIMILAR PROTOCOLS.
     8  § 7602.  JURISDICTION.
     9     AN OFFENSE UNDER THIS CHAPTER MAY BE DEEMED TO HAVE BEEN
    10  COMMITTED EITHER AT THE PLACE WHERE CONDUCT CONSTITUTING AN
    11  ELEMENT OF THE OFFENSE OCCURRED OR AT THE PLACE WHERE THE RESULT
    12  WHICH IS AN ELEMENT OF THE OFFENSE OCCURRED WITHIN THIS
    13  COMMONWEALTH, IN ACCORDANCE WITH SECTION 102 (RELATING TO
    14  TERRITORIAL APPLICABILITY). IT SHALL BE NO DEFENSE TO A
    15  VIOLATION OF THIS CHAPTER THAT SOME OF THE ACTS CONSTITUTING THE
    16  OFFENSE OCCURRED OUTSIDE OF THIS COMMONWEALTH.
    17  § 7603.  RESTITUTION.
    18     UPON CONVICTION OF AN OFFENSE UNDER SECTION 7611 (RELATING TO
    19  UNLAWFUL USE OF COMPUTER AND OTHER COMPUTER CRIMES), 7612
    20  (RELATING TO DISRUPTION OF SERVICE) OR 7616 (RELATING TO
    21  DISTRIBUTION OF COMPUTER VIRUS), THE SENTENCE SHALL INCLUDE AN
    22  ORDER FOR RESTITUTION TO THE VICTIM FOR:
    23         (1)  THE COST OF REPAIRING OR REPLACING THE AFFECTED
    24     COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, COMPUTER
    25     SOFTWARE, COMPUTER PROGRAM, COMPUTER DATABASE, WORLD WIDE WEB
    26     SITE OR TELECOMMUNICATION DEVICE;
    27         (2)  LOST PROFITS FOR THE PERIOD THAT THE COMPUTER,
    28     COMPUTER SYSTEM, COMPUTER NETWORK, COMPUTER SOFTWARE,
    29     COMPUTER PROGRAM, COMPUTER DATABASE, WORLD WIDE WEB SITE OR
    30     TELECOMMUNICATION DEVICE IS NOT USABLE; OR
    20020S1402B2429                 - 12 -

     1         (3)  THE COST OF REPLACING OR RESTORING THE DATA LOST OR
     2     DAMAGED AS A RESULT OF A VIOLATION OF SECTION 7611, 7612 OR
     3     7616.
     4  § 7604.  CONCURRENT JURISDICTION.
     5     THE ATTORNEY GENERAL SHALL HAVE CONCURRENT PROSECUTORIAL
     6  JURISDICTION WITH THE COUNTY DISTRICT ATTORNEY FOR VIOLATIONS OF
     7  THIS SECTION CHAPTER. NO PERSON CHARGED WITH A VIOLATION OF THIS  <--
     8  SECTION BY THE ATTORNEY GENERAL SHALL HAVE STANDING TO CHALLENGE
     9  THE AUTHORITY OF THE ATTORNEY GENERAL TO PROSECUTE THE CASE,
    10  AND, IF ANY SUCH CHALLENGE IS MADE, THE CHALLENGE SHALL BE
    11  DISMISSED AND NO RELIEF SHALL BE AVAILABLE IN THE COURTS OF THIS
    12  COMMONWEALTH TO THE PERSON MAKING THE CHALLENGE.
    13  § 7605.  DEFENSE.
    14     IT IS A DEFENSE TO AN ACTION BROUGHT PURSUANT TO SUBCHAPTER B
    15  (RELATING TO HACKING AND SIMILAR OFFENSES) THAT THE ACTOR:
    16         (1)  WAS ENTITLED BY LAW OR CONTRACT TO ENGAGE IN THE
    17     CONDUCT CONSTITUTING THE OFFENSE; OR
    18         (2)  REASONABLY BELIEVED THAT HE HAD THE AUTHORIZATION OR
    19     PERMISSION OF THE OWNER, LESSEE, LICENSEE, AUTHORIZED HOLDER,
    20     AUTHORIZED POSSESSOR OR AGENT OF THE COMPUTER, COMPUTER
    21     NETWORK, COMPUTER SOFTWARE, COMPUTER SYSTEM, DATABASE OR
    22     TELECOMMUNICATION DEVICE OR THAT THE OWNER OR AUTHORIZED
    23     HOLDER WOULD HAVE AUTHORIZED OR PROVIDED PERMISSION TO ENGAGE
    24     IN THE CONDUCT CONSTITUTING THE OFFENSE. AS USED IN THIS
    25     SECTION, THE TERM "AUTHORIZATION" INCLUDES EXPRESS OR IMPLIED
    26     CONSENT, INCLUDING BY TRADE USAGE, COURSE OF DEALING, COURSE
    27     OF PERFORMANCE OR COMMERCIAL PROGRAMMING PRACTICES.
    28  § 7606.  CONSTRUCTION.
    29     NOTHING IN SUBCHAPTER B (RELATING TO HACKING AND SIMILAR
    30  OFFENSES) SHALL BE CONSTRUED TO INTERFERE WITH OR PROHIBIT TERMS
    20020S1402B2429                 - 13 -

     1  OR CONDITIONS IN A CONTRACT OR LICENSE RELATED TO A COMPUTER,
     2  COMPUTER NETWORK, COMPUTER SOFTWARE, COMPUTER SYSTEM, DATABASE
     3  OR TELECOMMUNICATION DEVICE OR SOFTWARE OR HARDWARE DESIGNED TO
     4  ALLOW A COMPUTER, COMPUTER NETWORK, COMPUTER SOFTWARE, COMPUTER
     5  SYSTEM, DATABASE OR TELECOMMUNICATIONS DEVICE TO OPERATE IN THE
     6  ORDINARY COURSE OF A LAWFUL BUSINESS OR THAT IS DESIGNED TO
     7  ALLOW AN OWNER OR AUTHORIZED HOLDER OF INFORMATION TO PROTECT
     8  DATA INFORMATION OR RIGHTS IN IT.
     9                            SUBCHAPTER B
    10                    HACKING AND SIMILAR OFFENSES
    11  SEC.
    12  7611.  UNLAWFUL USE OF COMPUTER AND OTHER COMPUTER CRIMES.
    13  7612.  DISRUPTION OF SERVICE.
    14  7613.  COMPUTER THEFT.
    15  7614.  UNLAWFUL DUPLICATION.
    16  7615.  COMPUTER TRESPASS.
    17  7616.  DISTRIBUTION OF COMPUTER VIRUS.
    18  § 7611.  UNLAWFUL USE OF COMPUTER AND OTHER COMPUTER CRIMES.
    19     (A)  OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF
    20  UNLAWFUL USE OF A COMPUTER IF HE:
    21         (1)  ACCESSES OR EXCEEDS AUTHORIZATION TO ACCESS, ALTERS,
    22     DAMAGES OR DESTROYS ANY COMPUTER, COMPUTER SYSTEM, COMPUTER
    23     NETWORK, COMPUTER SOFTWARE, COMPUTER PROGRAM, COMPUTER
    24     DATABASE, WORLD WIDE WEB SITE OR TELECOMMUNICATION DEVICE OR
    25     ANY PART THEREOF WITH THE INTENT TO INTERRUPT THE NORMAL
    26     FUNCTIONING OF A PERSON OR TO DEVISE OR EXECUTE ANY SCHEME OR
    27     ARTIFICE TO DEFRAUD OR DECEIVE OR CONTROL PROPERTY OR
    28     SERVICES BY MEANS OF FALSE OR FRAUDULENT PRETENSES,
    29     REPRESENTATIONS OR PROMISES;
    30         (2)  INTENTIONALLY AND WITHOUT AUTHORIZATION ACCESSES OR
    20020S1402B2429                 - 14 -

     1     EXCEEDS AUTHORIZATION TO ACCESS, ALTERS, INTERFERES WITH THE
     2     OPERATION OF, DAMAGES OR DESTROYS ANY COMPUTER, COMPUTER
     3     SYSTEM, COMPUTER NETWORK, COMPUTER SOFTWARE, COMPUTER
     4     PROGRAM, COMPUTER DATABASE, WORLD WIDE WEB SITE OR
     5     TELECOMMUNICATION DEVICE OR ANY PART THEREOF; OR
     6         (3)  INTENTIONALLY OR KNOWINGLY AND WITHOUT AUTHORIZATION
     7     GIVES OR PUBLISHES A PASSWORD, IDENTIFYING CODE, PERSONAL
     8     IDENTIFICATION NUMBER OR OTHER CONFIDENTIAL INFORMATION ABOUT
     9     A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, COMPUTER
    10     DATABASE, WORLD WIDE WEB SITE OR TELECOMMUNICATION DEVICE.
    11     (B)  GRADING.--AN OFFENSE UNDER THIS SECTION SHALL CONSTITUTE
    12  A FELONY OF THE THIRD DEGREE.
    13     (C)  PROSECUTION NOT PROHIBITED.--PROSECUTION FOR AN OFFENSE
    14  UNDER THIS SECTION SHALL NOT PROHIBIT PROSECUTION UNDER ANY
    15  OTHER SECTION OF THIS TITLE.
    16  § 7612.  DISRUPTION OF SERVICE.
    17     (A)  OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE IF HE
    18  INTENTIONALLY OR KNOWINGLY ENGAGES IN A SCHEME OR ARTIFICE,
    19  INCLUDING, BUT NOT LIMITED TO, A DENIAL OF SERVICE ATTACK UPON
    20  ANY COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, COMPUTER
    21  SOFTWARE, COMPUTER PROGRAM, COMPUTER SERVER, COMPUTER DATABASE,
    22  WORLD WIDE WEB SITE OR TELECOMMUNICATION DEVICE OR ANY PART
    23  THEREOF THAT IS DESIGNED TO BLOCK, IMPEDE OR DENY THE ACCESS OF
    24  INFORMATION OR INITIATION OR COMPLETION OF ANY SALE OR
    25  TRANSACTION BY USERS OF THAT COMPUTER, COMPUTER SYSTEM, COMPUTER
    26  NETWORK, COMPUTER SOFTWARE, COMPUTER PROGRAM, COMPUTER SERVER OR
    27  DATABASE OR ANY PART THEREOF.
    28     (B)  GRADING.--AN OFFENSE UNDER THIS SECTION SHALL CONSTITUTE
    29  A FELONY OF THE THIRD DEGREE.
    30  § 7613.  COMPUTER THEFT.
    20020S1402B2429                 - 15 -

     1     (A)  OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE IF HE
     2  UNLAWFULLY ACCESSES OR EXCEEDS HIS AUTHORIZATION TO ACCESS ANY
     3  DATA FROM A COMPUTER, COMPUTER SYSTEM OR COMPUTER NETWORK OR
     4  TAKES OR COPIES ANY SUPPORTING DOCUMENTATION WHETHER EXISTING OR
     5  RESIDING INTERNAL OR EXTERNAL TO A COMPUTER, COMPUTER SYSTEM OR
     6  COMPUTER NETWORK OF ANOTHER WITH THE INTENT TO DEPRIVE HIM
     7  THEREOF.
     8     (B)  GRADING.--AN OFFENSE UNDER THIS SECTION SHALL CONSTITUTE
     9  A FELONY OF THE THIRD DEGREE.
    10  § 7614.  UNLAWFUL DUPLICATION.
    11     (A)  OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF
    12  UNLAWFUL DUPLICATION IF HE MAKES OR CAUSES TO BE MADE AN
    13  UNAUTHORIZED COPY, IN ANY FORM, INCLUDING, BUT NOT LIMITED, TO,
    14  ANY PRINTED OR ELECTRONIC FORM OF COMPUTER DATA, COMPUTER
    15  PROGRAMS OR COMPUTER SOFTWARE RESIDING IN, COMMUNICATED BY OR
    16  PRODUCED BY A COMPUTER OR COMPUTER NETWORK.
    17     (B)  GRADING.--AN OFFENSE UNDER SUBSECTION (A) SHALL BE
    18  GRADED AS FOLLOWS:
    19         (1)  AN OFFENSE UNDER THIS SECTION SHALL CONSTITUTE A
    20     FELONY OF THE THIRD DEGREE.
    21         (2)  IF THE ECONOMIC VALUE OF THE DUPLICATED MATERIAL IS
    22     GREATER THAN $2,500, THE GRADING OF THE OFFENSE SHALL BE ONE
    23     GRADE HIGHER THAN SPECIFIED IN PARAGRAPH (1).
    24  § 7615.  COMPUTER TRESPASS.
    25     (A)  OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF
    26  COMPUTER TRESPASS IF HE KNOWINGLY AND WITHOUT AUTHORITY, OR IN
    27  EXCESS OF GIVEN AUTHORITY, USES A COMPUTER OR COMPUTER NETWORK
    28  WITH THE INTENT TO:
    29         (1)  TEMPORARILY OR PERMANENTLY REMOVE COMPUTER DATA,
    30     COMPUTER PROGRAMS OR COMPUTER SOFTWARE FROM A COMPUTER OR
    20020S1402B2429                 - 16 -

     1     COMPUTER NETWORK;
     2         (2)  CAUSE A COMPUTER TO MALFUNCTION, REGARDLESS OF THE
     3     AMOUNT OF TIME THE MALFUNCTION PERSISTS;
     4         (3)  ALTER OR ERASE ANY COMPUTER DATA, COMPUTER PROGRAMS
     5     OR COMPUTER SOFTWARE;
     6         (4)  EFFECT THE CREATION OR ALTERATION OF A FINANCIAL
     7     INSTRUMENT OR OF AN ELECTRONIC TRANSFER OF FUNDS; OR
     8         (5)  CAUSE PHYSICAL INJURY TO THE PROPERTY OF ANOTHER.
     9     (B)  GRADING.--AN OFFENSE UNDER THIS SECTION SHALL CONSTITUTE
    10  A FELONY OF THE THIRD DEGREE.
    11  § 7616.  DISTRIBUTION OF COMPUTER VIRUS.
    12     (A)  OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE IF THE
    13  PERSON INTENTIONALLY OR KNOWINGLY SELLS, GIVES OR OTHERWISE
    14  DISTRIBUTES OR POSSESSES WITH THE INTENT TO SELL, GIVE OR
    15  DISTRIBUTE COMPUTER SOFTWARE OR A COMPUTER PROGRAM THAT IS
    16  DESIGNED OR HAS THE CAPABILITY TO:
    17         (1)  PREVENT, IMPEDE, CONTROL, DELAY OR DISRUPT THE
    18     NORMAL OPERATION OR USE OF A COMPUTER, COMPUTER PROGRAM,
    19     COMPUTER SOFTWARE, COMPUTER SYSTEM, COMPUTER NETWORK,
    20     COMPUTER DATABASE, WORLD WIDE WEB SITE OR TELECOMMUNICATION
    21     DEVICE; OR
    22         (2)  DEGRADE, DISABLE, DAMAGE OR DESTROY THE PERFORMANCE
    23     OF A COMPUTER, COMPUTER PROGRAM, COMPUTER SOFTWARE, COMPUTER
    24     SYSTEM, COMPUTER NETWORK, COMPUTER DATABASE, WORLD WIDE WEB
    25     SITE OR TELECOMMUNICATION DEVICE OR ANY COMBINATION THEREOF.
    26     (B)  GRADING.--AN OFFENSE UNDER THIS SECTION SHALL CONSTITUTE
    27  A FELONY OF THE THIRD DEGREE.
    28                            SUBCHAPTER C
    29                     INTERNET CHILD PORNOGRAPHY
    30  SEC.
    20020S1402B2429                 - 17 -

     1  7621.  DEFINITIONS.
     2  7622.  DUTY OF INTERNET SERVICE PROVIDER.
     3  7623.  PROTECTION OF PRIVACY.
     4  7624.  PENALTY.
     5  7625.  JURISDICTION FOR PROSECUTION.
     6  7626.  APPLICATION FOR ORDER TO REMOVE OR DISABLE ITEMS.
     7  7627.  ORDER TO REMOVE OR DISABLE CERTAIN ITEMS FROM INTERNET
     8         SERVICE PROVIDER'S SERVICE.
     9  7628.  NOTIFICATION PROCEDURE.
    10  7629.  DESIGNATED AGENT.
    11  7630.  REPORT TO GENERAL ASSEMBLY.
    12  § 7621.  DEFINITIONS.
    13     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
    14  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    15  CONTEXT CLEARLY INDICATES OTHERWISE:
    16     "CHILD PORNOGRAPHY."  AS DESCRIBED IN SECTION 6312 (RELATING
    17  TO SEXUAL ABUSE OF CHILDREN).
    18     "INTERNET."  THE MYRIAD OF COMPUTER AND TELECOMMUNICATIONS
    19  FACILITIES, INCLUDING EQUIPMENT AND OPERATING SOFTWARE, WHICH
    20  COMPRISE THE INTERCONNECTED WORLDWIDE NETWORK OF NETWORKS THAT
    21  EMPLOY THE TRANSMISSION CONTROL PROTOCOL/INTERNET PROTOCOL OR
    22  ANY PREDECESSOR OR SUCCESSOR PROTOCOLS TO SUCH PROTOCOL TO
    23  COMMUNICATE INFORMATION OF ALL KINDS BY WIRE OR RADIO.
    24     "INTERNET SERVICE PROVIDER."  A PERSON WHO PROVIDES A SERVICE
    25  THAT ENABLES USERS TO ACCESS CONTENT, INFORMATION, ELECTRONIC
    26  MAIL OR OTHER SERVICES OFFERED OVER THE INTERNET.
    27  § 7622.  DUTY OF INTERNET SERVICE PROVIDER.
    28     AN INTERNET SERVICE PROVIDER SHALL REMOVE OR DISABLE ACCESS
    29  TO CHILD PORNOGRAPHY ITEMS RESIDING ON OR ACCESSIBLE THROUGH ITS
    30  SERVICE IN A MANNER ACCESSIBLE TO PERSONS LOCATED WITHIN THIS
    20020S1402B2429                 - 18 -

     1  COMMONWEALTH WITHIN FIVE BUSINESS DAYS OF WHEN THE INTERNET
     2  SERVICE PROVIDER IS NOTIFIED BY THE ATTORNEY GENERAL PURSUANT TO
     3  SECTION 7628 (RELATING TO NOTIFICATION PROCEDURE) THAT CHILD
     4  PORNOGRAPHY ITEMS RESIDE ON OR ARE ACCESSIBLE THROUGH ITS
     5  SERVICE.
     6  § 7623.  PROTECTION OF PRIVACY.
     7     NOTHING IN THIS SUBCHAPTER MAY BE CONSTRUED AS IMPOSING A
     8  DUTY ON AN INTERNET SERVICE PROVIDER TO ACTIVELY MONITOR ITS
     9  SERVICE OR AFFIRMATIVELY SEEK EVIDENCE OF ILLEGAL ACTIVITY ON
    10  ITS SERVICE.
    11  § 7624.  PENALTY.
    12     NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
    13  ANY INTERNET SERVICE PROVIDER WHO VIOLATES SECTION 7622
    14  (RELATING TO DUTY OF INTERNET SERVICE PROVIDER) COMMITS:
    15         (1)  A MISDEMEANOR OF THE THIRD DEGREE FOR A FIRST
    16     OFFENSE PUNISHABLE BY A FINE OF $5,000.
    17         (2)  A MISDEMEANOR OF THE SECOND DEGREE FOR A SECOND
    18     OFFENSE PUNISHABLE BY A FINE OF $20,000.
    19         (3)  A FELONY OF THE THIRD DEGREE FOR A THIRD OR
    20     SUBSEQUENT OFFENSE PUNISHABLE BY A FINE OF $30,000 AND
    21     IMPRISONMENT FOR A MAXIMUM OF SEVEN YEARS.
    22  § 7625.  JURISDICTION FOR PROSECUTION.
    23     THE ATTORNEY GENERAL SHALL HAVE CONCURRENT PROSECUTORIAL
    24  JURISDICTION WITH THE COUNTY DISTRICT ATTORNEY FOR VIOLATIONS OF
    25  THIS SUBCHAPTER. NO PERSON CHARGED WITH A VIOLATION OF THIS
    26  SUBCHAPTER BY THE ATTORNEY GENERAL SHALL HAVE STANDING TO
    27  CHALLENGE THE AUTHORITY OF THE ATTORNEY GENERAL TO PROSECUTE THE
    28  CASE. IF A CHALLENGE IS MADE, THE CHALLENGE SHALL BE DISMISSED
    29  AND NO RELIEF SHALL BE AVAILABLE IN THE COURTS OF THIS
    30  COMMONWEALTH TO THE PERSON MAKING THE CHALLENGE.
    20020S1402B2429                 - 19 -

     1  § 7626.  APPLICATION FOR ORDER TO REMOVE OR DISABLE ITEMS.
     2     AN APPLICATION FOR AN ORDER OF AUTHORIZATION TO REMOVE OR
     3  DISABLE ITEMS RESIDING ON OR ACCESSIBLE THROUGH AN INTERNET
     4  SERVICE PROVIDER'S SERVICE SHALL BE MADE TO THE COURT OF COMMON
     5  PLEAS HAVING JURISDICTION IN WRITING UPON THE PERSONAL OATH OR
     6  AFFIRMATION OF THE ATTORNEY GENERAL OR A DISTRICT ATTORNEY OF
     7  THE COUNTY WHEREIN THE ITEMS HAVE BEEN DISCOVERED AND, IF
     8  AVAILABLE, SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION:
     9         (1)  A STATEMENT OF THE AUTHORITY OF THE APPLICANT TO
    10     MAKE THE APPLICATION.
    11         (2)  A STATEMENT OF THE IDENTITY OF THE INVESTIGATIVE OR
    12     LAW ENFORCEMENT OFFICER THAT HAS, IN THE OFFICIAL SCOPE OF
    13     THAT OFFICER'S DUTIES, DISCOVERED THE CHILD PORNOGRAPHY
    14     ITEMS.
    15         (3)  A STATEMENT BY THE INVESTIGATIVE OR LAW ENFORCEMENT
    16     OFFICER WHO HAS KNOWLEDGE OF RELEVANT INFORMATION JUSTIFYING
    17     THE APPLICATION.
    18         (4)  THE UNIFORM RESOURCE LOCATOR PROVIDING ACCESS TO THE
    19     ITEMS.
    20         (5)  THE IDENTITY OF THE INTERNET SERVICE PROVIDER USED
    21     BY THE LAW ENFORCEMENT OFFICER.
    22         (6)  A SHOWING THAT THERE IS PROBABLE CAUSE TO BELIEVE
    23     THAT THE ITEMS CONSTITUTE A VIOLATION OF SECTION 6312
    24     (RELATING TO SEXUAL ABUSE OF CHILDREN).
    25         (7)  A PROPOSED ORDER OF AUTHORIZATION FOR CONSIDERATION
    26     BY THE JUDGE.
    27         (8)  CONTACT INFORMATION FOR THE OFFICE OF ATTORNEY
    28     GENERAL, INCLUDING THE NAME, ADDRESS AND TELEPHONE NUMBER OF
    29     ANY DEPUTY OR AGENT AUTHORIZED BY THE ATTORNEY GENERAL TO
    30     SUBMIT NOTIFICATION.
    20020S1402B2429                 - 20 -

     1         (9)  ADDITIONAL TESTIMONY OR DOCUMENTARY EVIDENCE IN
     2     SUPPORT OF THE APPLICATION AS THE JUDGE MAY REQUIRE.
     3  § 7627.  ORDER TO REMOVE OR DISABLE CERTAIN ITEMS FROM INTERNET
     4             SERVICE PROVIDER'S SERVICE.
     5     UPON CONSIDERATION OF AN APPLICATION, THE COURT MAY ENTER AN
     6  ORDER, INCLUDING AN EX PARTE ORDER, AS REQUESTED, ADVISING THE
     7  ATTORNEY GENERAL OR A DISTRICT ATTORNEY THAT THE ITEMS
     8  CONSTITUTE PROBABLE CAUSE EVIDENCE OF A VIOLATION OF SECTION
     9  6312 (RELATING TO SEXUAL ABUSE OF CHILDREN) AND THAT SUCH ITEMS
    10  SHALL BE REMOVED OR DISABLED FROM THE INTERNET SERVICE
    11  PROVIDER'S SERVICE. THE COURT MAY INCLUDE SUCH OTHER INFORMATION
    12  IN THE ORDER AS THE COURT DEEMS RELEVANT AND NECESSARY.
    13  § 7628.  NOTIFICATION PROCEDURE.
    14     (A)  DUTY OF ATTORNEY GENERAL.--THE ATTORNEY GENERAL SHALL
    15  HAVE EXCLUSIVE JURISDICTION TO NOTIFY INTERNET SERVICE PROVIDERS
    16  UNDER THIS SUBCHAPTER. THE ATTORNEY GENERAL SHALL INITIATE
    17  NOTIFICATION UNDER THIS SUBCHAPTER IF REQUESTED IN WRITING BY A
    18  DISTRICT ATTORNEY WHO HAS PROVIDED THE ATTORNEY GENERAL WITH A
    19  COPY OF AN APPLICATION MADE UNDER SECTION 7626 (RELATING TO
    20  APPLICATION TO REMOVE OR DISABLE ITEMS) AND A COPY OF THE ORDER
    21  ISSUED UNDER SECTION 7627 (RELATING TO ORDER TO REMOVE OR
    22  DISABLE CERTAIN ITEMS FROM INTERNET SERVICE PROVIDER'S SERVICE)
    23  OR UPON THE ISSUANCE OF AN ORDER BASED UPON AN APPLICATION FILED
    24  BY THE ATTORNEY GENERAL.
    25     (B)  TIMELY NOTIFICATION.--FOR PURPOSES OF THIS SECTION, AN
    26  INTERNET SERVICE PROVIDER OR THE PERSON DESIGNATED BY THE
    27  INTERNET SERVICE PROVIDER AS PROVIDED FOR IN SECTION 7629
    28  (RELATING TO DESIGNATED AGENT) SHALL BE NOTIFIED IN WRITING BY
    29  THE ATTORNEY GENERAL WITHIN THREE BUSINESS DAYS OF THE ATTORNEY
    30  GENERAL'S RECEIPT OF AN ORDER.
    20020S1402B2429                 - 21 -

     1     (C)  CONTENTS.--THE NOTICE SHALL INCLUDE THE FOLLOWING
     2  INFORMATION:
     3         (1)  A COPY OF THE APPLICATION MADE UNDER SECTION 7626.
     4         (2)  A COPY OF THE COURT ORDER ISSUED UNDER SECTION 7627.
     5         (3)  NOTIFICATION THAT THE INTERNET SERVICE PROVIDER MUST
     6     REMOVE OR DISABLE THE ITEMS RESIDING ON OR ACCESSIBLE THROUGH
     7     ITS SERVICE WITHIN FIVE BUSINESS DAYS OF THE DATE OF RECEIPT
     8     OF THE NOTIFICATION.
     9         (4)  CONTACT INFORMATION FOR THE OFFICE OF ATTORNEY
    10     GENERAL, INCLUDING THE NAME, ADDRESS AND TELEPHONE NUMBER OF
    11     ANY DEPUTY OR AGENT AUTHORIZED BY THE ATTORNEY GENERAL TO
    12     SUBMIT NOTIFICATION PURSUANT TO THIS SUBSECTION.
    13  § 7629.  DESIGNATED AGENT.
    14     AN INTERNET SERVICE PROVIDER MAY DESIGNATE AN AGENT TO
    15  RECEIVE NOTIFICATION PROVIDED UNDER SECTION 7628 (RELATING TO
    16  NOTIFICATION PROCEDURE).
    17  § 7630.  REPORT TO GENERAL ASSEMBLY.
    18     THE ATTORNEY GENERAL SHALL MAKE AN ANNUAL REPORT TO THE
    19  CHAIRMAN AND MINORITY CHAIRMAN OF THE JUDICIARY COMMITTEE OF THE
    20  SENATE AND TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
    21  JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES PROVIDING
    22  INFORMATION ON THE NUMBER OF NOTIFICATIONS ISSUED AND THE
    23  PROSECUTIONS MADE UNDER THIS SUBCHAPTER AND MAKING ANY
    24  RECOMMENDATIONS FOR AMENDATORY LANGUAGE.
    25                            SUBCHAPTER E
    26                          ELECTRONIC MAIL
    27  SEC.
    28  7661.  UNLAWFUL TRANSMISSION OF ELECTRONIC MAIL.
    29  § 7661.  UNLAWFUL TRANSMISSION OF ELECTRONIC MAIL.
    30     (A)  OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF
    20020S1402B2429                 - 22 -

     1  UNLAWFUL TRANSMISSION OF ELECTRONIC MAIL IF HE:
     2         (1)  USES A COMPUTER OR COMPUTER NETWORK WITHOUT
     3     AUTHORITY AND WITH THE INTENT TO FALSIFY OR FORGE ELECTRONIC
     4     MAIL TRANSMISSION INFORMATION OR OTHER ROUTINE INFORMATION IN
     5     ANY MANNER IN CONNECTION WITH THE TRANSMISSION OF UNSOLICITED
     6     ELECTRONIC MAIL THROUGH OR INTO THE COMPUTER NETWORK OF AN
     7     ELECTRONIC MAIL SERVICE PROVIDER, INTERNET SERVICE PROVIDER
     8     OR ITS SUBSCRIBERS.
     9         (2)  SELLS, GIVES OR OTHERWISE DISTRIBUTES OR POSSESSES
    10     WITH THE INTENT TO SELL, GIVE OR DISTRIBUTE COMPUTER SOFTWARE
    11     WHICH:
    12             (I)  IS PRIMARILY DESIGNED OR PRODUCED FOR THE
    13         PURPOSE OF FACILITATING OR ENABLING THE FALSIFICATION OF
    14         ELECTRONIC MAIL TRANSMISSION INFORMATION OR OTHER ROUTING
    15         INFORMATION;
    16             (II)  HAS ONLY LIMITED COMMERCIALLY SIGNIFICANT
    17         PURPOSE OR USE OTHER THAN TO FACILITATE OR TO ENABLE THE
    18         FALSIFICATION OF ELECTRONIC MAIL TRANSMISSION INFORMATION
    19         OR OTHER ROUTING INFORMATION; OR
    20             (III)  IS MARKETED BY THAT PERSON OR ANOTHER PERSON
    21         ACTING IN CONCERT WITH THAT PERSON WITH THAT PERSON'S
    22         KNOWLEDGE FOR THE USE IN FACILITATING OR ENABLING THE
    23         FALSIFICATION OF ELECTRONIC MAIL TRANSMISSION INFORMATION
    24         OR OTHER ROUTING INFORMATION.
    25     (B)  GRADING.--
    26         (1)  EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3),
    27     UNLAWFUL TRANSMISSION OF ELECTRONIC MAIL IS A MISDEMEANOR OF
    28     THE THIRD DEGREE PUNISHABLE BY A FINE OF NOT MORE THAN
    29     $2,500.
    30         (2)  IF THERE IS DAMAGE TO THE PROPERTY OF ANOTHER VALUED
    20020S1402B2429                 - 23 -

     1     AT $2,500 OR MORE CAUSED BY THAT PERSON'S RECKLESS DISREGARD
     2     FOR THE CONSEQUENCES OF HIS ACT IN VIOLATION OF THIS SECTION,
     3     UNLAWFUL TRANSMISSION OF ELECTRONIC MAIL IS A MISDEMEANOR OF
     4     THE FIRST DEGREE PUNISHABLE BY A FINE OF NOT MORE THAN
     5     $10,000.
     6         (3)  IF THERE IS DAMAGE TO THE PROPERTY OF ANOTHER VALUED
     7     AT $2,500 OR MORE CAUSED BY THAT PERSON'S MALICIOUS ACT IN
     8     VIOLATION OF THIS SECTION, UNLAWFUL TRANSMISSION OF
     9     ELECTRONIC MAIL IS A FELONY OF THE THIRD DEGREE PUNISHABLE BY
    10     A FINE OF NOT MORE THAN $15,000.
    11     (C)  RIGHTS PRESERVED.--NOTHING IN THIS SECTION SHALL BE
    12  CONSTRUED TO:
    13         (1)  ESTABLISH ANY LIABILITY BY REASON OF TERMS OR
    14     CONDITIONS ADOPTED BY, OR TECHNICAL MEASURES IMPLEMENTED BY,
    15     AN ELECTRONIC MAIL SERVICE PROVIDER OR INTERNET SERVICE
    16     PROVIDER DOING BUSINESS IN THIS COMMONWEALTH TO PREVENT THE
    17     TRANSMISSION OF UNSOLICITED ELECTRONIC MAIL IN VIOLATION OF
    18     THIS SECTION.
    19         (2)  INTERFERE WITH OR PROHIBIT TERMS OR CONDITIONS IN A
    20     CONTRACT OR LICENSE RELATED TO COMPUTERS, COMPUTER DATA,
    21     COMPUTER NETWORKS, COMPUTER OPERATIONS, COMPUTER PROGRAMS,
    22     COMPUTER SERVICES OR COMPUTER SOFTWARE.
    23     (D)  DEFINITIONS.--AS USED IN THIS SECTION, THE TERM
    24  "ELECTRONIC MAIL" SHALL INCLUDE FACSIMILES AND WIRELESS
    25  ADVERTISEMENTS IN ADDITION TO OTHER ELECTRONIC MAIL.
    26     Section 2 4.  This act shall take effect in 60 days.           <--



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