PRINTER'S NO. 3886
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2572
Session of
2018
INTRODUCED BY DeLUCA, THOMAS, YOUNGBLOOD, JAMES, HILL-EVANS,
KORTZ, NEILSON, J. McNEILL AND DALEY, JULY 31, 2018
REFERRED TO COMMITTEE ON JUDICIARY, JULY 31, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for
harassment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2709(a.1) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 2709. Harassment.
* * *
(a.1) Cyber harassment of a child.--
(1) A person commits the crime of cyber harassment of a
child if, with intent to harass, annoy or alarm, the person
engages in a continuing course of conduct of making any of
the following by electronic means directly to a child or by
publication through an electronic social media service:
(i) seriously disparaging statement or opinion about
the child's physical characteristics, sexuality, sexual
activity or mental or physical health or condition; or
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(ii) threat to inflict harm.
(2) (i) If a juvenile is charged with a violation of
paragraph (1), the judicial authority with jurisdiction
over the violation shall give first consideration to
referring the juvenile charged with the violation to a
diversionary program under Pa.R.J.C.P. No. 312 (relating
to Informal Adjustment) or No. 370 (relating to Consent
Decree). As part of the diversionary program, the
judicial authority [may] shall order the juvenile to
participate in an educational program which includes the
legal and nonlegal consequences of cyber harassment.
(ii) If the person successfully completes the
diversionary program, the juvenile's records of the
charge of violating paragraph (1) shall be expunged as
provided for under section 9123 (relating to juvenile
records).
(iii) A juvenile's parent or legal guardian shall be
required to attend and complete the educational program
under subparagraph (i) with the juvenile.
* * *
Section 2. This act shall take effect in 60 days.
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