1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for harassment.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

<-5Section 1. Section 2709(b), and (c)(2)(i) of Title 18 of the
6Pennsylvania Consolidated Statutes are amended, subsection (b.1)
7is amended by adding a paragraph and subsection (f) is amended
8by adding definitions to read:

<-9Section 1. Section 2709(b) and (c)(2) of Title 18 of the 
10Pennsylvania Consolidated Statutes, amended November 27, 2013 
11(P.L.1061, No.91), are amended, subsection (b.1) is amended by 
12adding a paragraph and subsection (f) is amended by adding 
13definitions to read:

1§ 2709. Harassment.

2 * * *

3(b) [Stalking.--] <-Cyber harassment of a child.--

4(1) A person commits the crime of cyber harassment of a
5child if, by means of an electronic communication and with
6intent to harass a child, he repeatedly communicates or, on
7at least one occasion, makes available to a user of an
8electronic social media network or service, information about
9a child under 18 years of age which, whether true or not,
10includes any of the following:

11(i) A statement or opinion about the child's
12sexuality or sexual activity.

13(ii) A disparaging statement or opinion about the
14child's physical characteristics, mental or physical
15health or condition.

16(iii) A threat of unlawful harm.

17(2) Nothing under this subsection shall prohibit a
18communication made for medical, educational or other
19legitimate purposes, if the actor is an adult. <-Cyber
20harassment of a child.--A person commits the crime of cyber
21harassment of a child if, with intent to harass, he engages
22in a continuing course of conduct by repeatedly communicating
23the following by electronic means directly to a child or by
24publication through an electronic social media service:

25(1) A statement or opinion about the child's sexuality
26or sexual activity.

27(2) A seriously disparaging statement or opinion about
28the child's physical characteristics or mental or physical
29health or condition.

30(3) A threat to inflict unlawful harm.

1(b.1) Venue.--

2* * *

3(3) In addition to paragraphs (1) and (2), an offense
4under subsection (b) may be deemed to have been committed at
5the place where the child who is the subject of the
6communication resides.

7(c) Grading.--

8* * *

<-9(2) (i) An offense under subsection (a)(4), (5), (6)
10[or (7)], (7) or (b) shall constitute a misdemeanor of the
11third degree.

<-12(2) An offense under subsection (a)(4), (5), (6) or (7) 
13or (b) shall constitute a misdemeanor of the third degree.

14* * *

15(f) Definitions.--As used in this section, the following
16words and phrases shall have the meanings given to them in this
17subsection:

18* * *

<-19"Disparaging statements or opinions." A statement or opinion
20which significantly ridicules, demeans or in the context or
21circumstances, would cause serious embarrassment to the victim.

22"Electronic communication." An electronic communication as
23defined in section 5702 (relating to definitions).

24"Electronic social media network or service." A form of
25electronic communication such as Internet websites for social
26networking through which a user creates an online community to
27share information, an idea, a personal message and other content
28through print, photograph and video.

<-29"Emotional distress." A temporary or permanent state of
30mental anguish.

1* * *

2"Repeatedly communicates." To convey more than one message
3over a period of time.

<-4"Seriously disparaging statement or opinion." A statement or
5opinion which is intended to and under the circumstances is
6reasonably likely to cause serious emotional distress to a child
7of the victim's age.

8Section 2. This act shall take effect in 60 days.