THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DePASQUALE, READSHAW, FREEMAN, FABRIZIO, DALEY, GINGRICH, GROVE, HESS, MICOZZIE, MUNDY, MYERS, PASHINSKI, K. SMITH, VULAKOVICH AND YOUNGBLOOD, MARCH 2, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for the offense of unlawful

use of computer scrub software and for the offense of

unlawful use of the Internet; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The heading of Subchapter E of Chapter 76 of

Title 18 of the Pennsylvania Consolidated Statutes is amended to

read:

SUBCHAPTER E

ELECTRONIC MAIL

AND INTERNET OFFENSES

Section 2.  Title 18 is amended by adding sections to read:

§ 7662.  Unlawful use of Internet.

(a)  Offense defined.--A person commits the crime of unlawful

use of the Internet if the person is subject to registration

requirements under 42 Pa.C.S. § 9795.2(a) (relating to

registration procedures and applicability) and as a condition of

parole or probation is prohibited from accessing the Internet,

social networking websites or other actions defined under 42

Pa.C.S. § 9795.6 (relating to limited Internet access).

(b)  Grading.--In addition to being subject to penalties

prescribed under section 4915 (relating to failure to comply

with registration of sexual offenders requirements) an offense

under this section shall constitute a felony of the third

degree.

(c)  Definition.--As used in this section, the term

"commercial social networking site" means any business,

organization or other similar entity operating a website that

permits persons to become registered users for the purpose of

establishing personal relationships with other users through

direct or real-time communication with other users or the

creation of web pages or profiles available to the public or to

other users. The term does not include an electronic mail

program or a message board program.

§ 7642.  Unlawful use of computer scrub software.

(a)  Offense defined.--A person commits the crime of unlawful

use of computer scrub software if the person is subject to

registration requirements under 42 Pa.C.S. § 9795.2(a) (relating

to registration procedures and applicability) and as a condition

of parole or probation is prohibited from using computer scrub

software under 42 Pa.C.S. § 9795.7 (relating to prohibited use

of computer scrub software).

(b)  Grading.--In addition to being subject to penalties

prescribed under section 4915 (relating to failure to comply

with registration of sexual offenders requirements), an offense

under this section shall constitute a misdemeanor of the third

degree.

(c)  Definition.--As used in this section, the term "computer

scrub software" means any third-party added software, designed

to delete information from the computer unit, the hard drive or

other software, which would eliminate and prevent discovery of

browser activity, including Internet history, address bar, cache

and cookies and which would overwrite files in a way so as to

make previous computer activity, including website access, more

difficult to discover.

Section 3.  This act shall take effect in 90 days.