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PRIOR PRINTER'S NOS. 1687, 1698
PRINTER'S NO. 3850
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
400
Session of
2019
INTRODUCED BY KLUNK, MASSER, SCHLEGEL CULVER, DAY, STEPHENS,
MURT, HAHN, GLEIM, RYAN, KAUFFMAN, DAVIDSON, MILLARD,
PICKETT, DeLUCA, BERNSTINE, NEILSON, DUSH, COX AND GILLEN,
MAY 2, 2019
AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES,
HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 26, 2020
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for the
offense of abuse of care-dependent person.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2713.1(a) and (b) of Title 18 of the
Pennsylvania Consolidated Statutes, added June 28, 2018
(P.L.371, No.53), are amended to read:
ยง 2713.1. Abuse of care-dependent person.
(a) Offense defined.--A caretaker is guilty of abuse of a
care-dependent person if the caretaker:
(1) With the intent to harass, annoy or alarm a care-
dependent person:
(i) strikes, shoves, kicks or otherwise subjects or
attempts to subject a care-dependent person to or
threatens a care-dependent person with physical contact;
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(ii) engages in a course of conduct or repeatedly
commits acts that serve no legitimate purpose;
(iii) communicates to a care-dependent person any
lewd, lascivious, threatening or obscene words, language,
drawings or caricatures; or
(iv) communicates repeatedly with the care-dependent
person at extremely inconvenient hours.
(2) Commits an offense under section 2709.1 (relating to
stalking) against a care-dependent person.
(3) With the intent to ridicule or demean a care-
dependent person, posts or shares a photograph, digital image
or video of the care-dependent person on or through an
electronic social media service or wireless communication.
USES ANY AUDIO, VIDEO OR STILL IMAGE OF THE CARE-DEPENDENT
PERSON IN ANY FORMAT OR MEDIUM ON OR THROUGH ANY ELECTRONIC
SERVICE, WIRELESS COMMUNICATION OR ANY FORM OF ELECTRONIC
SERVICE OR WIRELESS COMMUNICATION AS PERTAINING TO
COMMUNICATION.
(b) Penalty.--
(1) A violation of subsection (a)(1) constitutes a
misdemeanor of the first degree.
(2) A violation of subsection (a)(2) constitutes a
felony of the third degree.
(3) A violation of subsection (a)(3) constitutes a
misdemeanor of the third degree.
* * *
Section 2. This act shall take effect in 60 days.
20190HB0400PN3850 - 2 -
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