PRINTER'S NO. 428
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
391
Session of
2015
INTRODUCED BY BOBACK, COHEN, PASHINSKI, BAKER, PICKETT, MILLARD,
GODSHALL, FLYNN, SCHLOSSBERG, DAVIS, DAVIDSON, METZGAR,
DONATUCCI, M. DALEY, DRISCOLL, V. BROWN, D. COSTA, CONKLIN,
R. BROWN, READSHAW, KORTZ AND McCARTER, FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 9, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in forgery and fraudulent practices,
defining the offense of false caller identification
information display; and imposing penalties.
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 4121. False caller identification information display.
(a) Offense defined.--A person may not, with the intent to
defraud, harass or cause harm, make a call or engage in conduct
that results in the display of false caller identification
information on the called party's telephone.
(b) Grading.--In addition to any other penalty imposed
pursuant to this title or other statute, a person who violates
this section:
(1) For a first offense, commits a misdemeanor of the
third degree.
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(2) For a second or subsequent offense, commits a
misdemeanor of the second degree.
(c) Exception.--This section shall not apply to:
(1) The blocking of caller identification information.
(2) Any law enforcement agency of the Federal, State,
county or municipal government.
(3) Any intelligence or security agency of the Federal
Government.
(4) A telecommunications, broadband or voice-over-
Internet service provider that is:
(i) acting in its capacity as an intermediary for
the transmission of telephone service between the caller
and the recipient;
(ii) providing or configuring a service or service
feature as requested by a customer;
(iii) acting in a manner that is authorized or
required by applicable law; or
(iv) engaging in other conduct that is a necessary
incident to the provision of service.
(d) 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:
"Call." Any type of telephone call made using any type of
technology, including the public switched telephone network or a
successor network , wireless cellular telephone service or voice-
over-Internet protocol (VoIP) service .
"False caller identification information." Data that
misrepresents the identity of the caller or the caller's
telephone number to the recipient of a call or to the network
itself.
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Section 2. This act shall take effect in 60 days.
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