1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in assault, further providing for <-the 
3offense of harassment.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 2709(b) and (c)(2) of Title 18 of the 
7Pennsylvania Consolidated Statutes, amended November 27, 2013 
8(P.L.1061, No.91), are amended, subsection (b.1) is amended by 
9adding a paragraph and subsection (f) is amended by adding 
10definitions to read:

11§ 2709. Harassment.

12 * * *

13(b) [Stalking.--] <-Cyber harassment of a child.--A person
 

1commits the crime of cyber Cyber<- harassment of a child.--

2(1) A person commits the crime of cyber harassment of a
3child if, with intent to <-harass, he <-harass, annoy or alarm,
4the person engages in a continuing course of conduct by
5repeatedly communicating the following by electronic means
6directly to a child or by publication through an electronic
7social media service:

<-8(1) A statement or opinion about the child's sexuality
9or sexual activity.

10(2) A seriously disparaging statement or opinion about
11the child's physical characteristics or mental or physical
12health or condition.

13(3) A threat to inflict unlawful harm.

<-14(i) A seriously disparaging statement or opinion
15about the child's physical characteristics, sexuality,
16sexual activity or mental or physical health or
17condition.

18(ii) A threat to inflict harm.

19(2) (i) If a juvenile is charged with a violation of
20paragraph (1), the judicial authority with jurisdiction
21over the violation shall give first consideration to
22referring the juvenile charged with the violation to a
23diversionary program under Pa.R.J.C.P. No. 312 (relating
24to Informal Adjustment) or No. 370 (relating to Consent
25Decree). As part of the diversionary program, the
26judicial authority may order the juvenile to participate
27in an educational program which includes the legal and
28nonlegal consequences of cyber harassment.

29(ii) If the person successfully completes the 
30diversionary program, the juvenile's records of the
 

1charge of violating paragraph (1) shall be expunged as 
2provided for under section 9123 (relating to juvenile 
3records).

4(b.1) Venue.--

5* * *

6(3) In addition to paragraphs (1) and (2), an offense
7under subsection (b) may be deemed to have been committed at
8the place where the child who is the subject of the
9communication resides.

10(c) Grading.--

11* * *

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"Emotional distress." A temporary or permanent state of 
20mental anguish.

21* * *

22"Repeatedly communicates." To convey more than one message
23over a period of time.

24"Seriously disparaging statement or opinion." A statement or
25opinion which is intended to and under the circumstances is
26reasonably likely to cause serious emotional distress to a child
27of the victim's age.

28Section 2. This act shall take effect in 60 days.