PRIOR PRINTER'S NOS. 164, 550 PRINTER'S NO. 634
No. 167 Session of 1999
INTRODUCED BY DENT, LEMMOND, BELL, COSTA, SCHWARTZ, WAUGH,
STAPLETON, STOUT, SLOCUM, WOZNIAK, KASUNIC, MURPHY, ROBBINS,
RHOADES AND BOSCOLA, JANUARY 19, 1999
AS AMENDED ON SECOND CONSIDERATION, MARCH 16, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for terroristic
3 threats, for harassment and stalking, for harassment by
4 communication or address and for the definition of "course of <--
5 conduct." FOR OFFENSES RELATING TO WEAPONS OR IMPLEMENTS FOR <--
6 ESCAPE; AND PROVIDING FOR STALKING BY COMMUNICATION OR
7 ADDRESS.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 2706(a), 2709(a) and (f), 5122 and 5504 <--
11 of Title 18 of the Pennsylvania Consolidated Statutes are
12 amended to read:
13 § 2706. Terroristic threats.
14 (a) Offense defined.--A person is guilty of a misdemeanor of
15 the first degree if he threatens [to commit any crime of
16 violence with intent to terrorize another or to cause evacuation
17 of a building, place of assembly, or facility of public
18 transportation, or otherwise to cause serious public
19 inconvenience, or in reckless disregard of the risk of causing
20 such terror or inconvenience.] in person, by telephone, in
1 writing, electronically, including, but not limited to,
2 electronic mail and communications via the Internet, facsimile
3 transmission, telex or other similar transmission:
4 (1) to commit any crime of violence, with intent to
5 terrorize, against another person which is directly or
6 indirectly received by the other person and which causes
7 annoyance or alarm to the other person; or
8 (2) to commit any crime of violence which causes
9 evacuation of a building, place of assembly or facility of
10 public transportation, or otherwise to cause serious public
11 inconvenience, or in reckless disregard of the risk of
12 causing such terror or inconvenience.
13 * * *
14 § 2709. Harassment and stalking.
15 (a) Harassment.--A person commits the crime of harassment
16 when, with intent to harass, annoy or alarm another person:
17 (1) he strikes, shoves, kicks or otherwise subjects him
18 to physical contact, or attempts or threatens to do the same;
19 or
20 (2) he follows a person in or about a public place or
21 places; or
22 (3) he engages in a course of conduct or repeatedly
23 commits acts which alarm or seriously annoy such other person
24 and which serve no legitimate purpose[.], including, but not
25 limited to:
26 (i) Communication in person, by telephone, in
27 writing, electronically, including electronic mail and
28 communications via the Internet, facsimile transmission,
29 telex or other similar transmission to or about such
30 other person using any lewd, lascivious, threatening or
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1 obscene words, language, drawings or caricatures; and
2 (ii) communicating anonymously with another person,
3 using any of the means identified in this paragraph.
4 * * *
5 (f) Definitions.--As used in this section, the following
6 words and phrases shall have the meanings given to them in this
7 subsection:
8 "Course of conduct." A pattern of actions composed of more
9 than one act over a period of time, however short, evidencing a
10 continuity of conduct[.], including, but not limited to,
11 communication in person, by telephone, in writing,
12 electronically, including electronic mail and communications via
13 the Internet, facsimile transmission, telex or other similar
14 transmission to or about such other person using any lewd,
15 lascivious, threatening or obscene words, language, drawings or
16 caricatures.
17 § 5504. Harassment by communication or address.
18 (a) Offense defined.--A person commits a misdemeanor of the
19 third degree if, with intent to harass another, he:
20 (1) [makes a telephone call] communicates by telephone,
21 in writing, electronically, including, but not limited to,
22 electronic mail and communications via the Internet,
23 facsimile transmission, telex or other similar transmission,
24 without intent of legitimate communication or addresses to or
25 about such other person any lewd, lascivious or [indecent]
26 obscene words or language [or anonymously telephones another
27 person repeatedly]; or
28 (2) makes repeated communications anonymously or at
29 extremely inconvenient hours, or in offensively coarse
30 language.
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1 (b) Venue.--Any offense committed under paragraph (a)(1) of
2 this section may be deemed to have been committed at either the
3 place at which the [telephone call or calls] communication or
4 communications were made or at the place where the [telephone
5 call or calls] communication or communications were received.
6 SECTION 1. SECTION 2706(A) OF TITLE 18 OF THE PENNSYLVANIA <--
7 CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY
8 ADDING SUBSECTIONS TO READ:
9 § 2706. TERRORISTIC THREATS.
10 (A) OFFENSE DEFINED.--A PERSON [IS GUILTY OF A MISDEMEANOR
11 OF THE FIRST DEGREE] COMMITS THE CRIME OF TERRORISTIC THREATS IF
12 [HE THREATENS TO] THE PERSON COMMUNICATES A THREAT TO:
13 (1) COMMIT, EITHER DIRECTLY OR INDIRECTLY, ANY CRIME OF
14 VIOLENCE WITH INTENT TO TERRORIZE ANOTHER [OR TO];
15 (2) CAUSE EVACUATION OF A BUILDING, PLACE OF ASSEMBLY,
16 OR FACILITY OF PUBLIC TRANSPORTATION[,]; OR
17 (3) OTHERWISE [TO] CAUSE SERIOUS PUBLIC INCONVENIENCE[,
18 OR IN] WITH RECKLESS DISREGARD OF THE RISK OF CAUSING SUCH
19 TERROR OR INCONVENIENCE.
20 * * *
21 (D) GRADING.--AN OFFENSE UNDER SUBSECTION (A) CONSTITUTES A
22 MISDEMEANOR OF THE FIRST DEGREE.
23 (E) DEFINITION.--AS USED IN THIS SECTION, THE TERM
24 "COMMUNICATES" MEANS CONVEYS IN PERSON OR BY WRITTEN OR
25 ELECTRONIC MEANS INCLUDING TELEPHONE, ELECTRONIC MAIL, INTERNET,
26 FACSIMILE, TELEX AND SIMILAR TRANSMISSIONS.
27 SECTION 2. SECTIONS 2709(A), (C)(1) AND (F), 5122 AND 5504
28 OF TITLE 18 ARE AMENDED TO READ:
29 § 2709. HARASSMENT AND STALKING.
30 (A) HARASSMENT.--A PERSON COMMITS THE CRIME OF HARASSMENT
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1 WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM ANOTHER, THE PERSON:
2 (1) [HE] STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS
3 [HIM] THE OTHER PERSON TO PHYSICAL CONTACT, OR ATTEMPTS OR
4 THREATENS TO DO THE SAME; [OR]
5 (2) [HE] FOLLOWS [A] THE OTHER PERSON IN OR ABOUT A
6 PUBLIC PLACE OR PLACES; OR
7 (3) [HE] ENGAGES IN A COURSE OF CONDUCT OR REPEATEDLY
8 COMMITS ACTS WHICH [ALARM OR SERIOUSLY ANNOY SUCH OTHER
9 PERSON AND WHICH] SERVE NO LEGITIMATE PURPOSE.
10 * * *
11 (C) GRADING.--
12 (1) AN OFFENSE UNDER SUBSECTION (A) SHALL CONSTITUTE A
13 [SUMMARY OFFENSE] MISDEMEANOR OF THE THIRD DEGREE.
14 * * *
15 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
16 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
17 SUBSECTION:
18 "COURSE OF CONDUCT." A PATTERN OF ACTIONS COMPOSED OF MORE
19 THAN ONE ACT OVER A PERIOD OF TIME, HOWEVER SHORT, EVIDENCING A
20 CONTINUITY OF CONDUCT. THE TERM INCLUDES LEWD, LASCIVIOUS,
21 THREATENING OR OBSCENE WORDS, LANGUAGE, DRAWINGS, CARICATURES OR
22 ACTIONS, EITHER IN PERSON OR ANONYMOUSLY.
23 * * *
24 § 5122. WEAPONS OR IMPLEMENTS FOR ESCAPE.
25 (A) OFFENSES DEFINED.--
26 (1) A PERSON COMMITS A MISDEMEANOR OF THE FIRST DEGREE
27 IF HE UNLAWFULLY INTRODUCES WITHIN A DETENTION FACILITY,
28 CORRECTIONAL INSTITUTION OR MENTAL HOSPITAL, OR UNLAWFULLY
29 PROVIDES AN INMATE THEREOF WITH ANY WEAPON, AMMUNITION, TOOL,
30 IMPLEMENT, OR OTHER THING WHICH MAY BE USED FOR ESCAPE.
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1 (2) AN INMATE COMMITS A MISDEMEANOR OF THE FIRST DEGREE
2 IF HE UNLAWFULLY PROCURES, MAKES OR OTHERWISE PROVIDES
3 HIMSELF WITH, OR UNLAWFULLY HAS IN HIS POSSESSION OR UNDER
4 HIS CONTROL, ANY WEAPON OR AMMUNITION.
5 (3) AN INMATE COMMITS A MISDEMEANOR OF THE SECOND DEGREE
6 IF HE UNLAWFULLY PROCURES, MAKES OR OTHERWISE PROVIDES
7 HIMSELF WITH, OR UNLAWFULLY HAS IN HIS POSSESSION OR UNDER
8 HIS CONTROL, ANY TOOL, IMPLEMENT OR OTHER THING WHICH MAY BE
9 USED FOR ESCAPE.
10 (B) DEFINITIONS.--
11 (1) AS USED IN THIS SECTION THE WORD "UNLAWFULLY" MEANS
12 SURREPTITIOUSLY OR CONTRARY TO LAW, REGULATION OR ORDER OF
13 THE DETAINING AUTHORITY.
14 (2) AS USED IN THIS SECTION THE WORD "WEAPON" MEANS ANY
15 IMPLEMENT READILY CAPABLE OF LETHAL USE AND SHALL INCLUDE ANY
16 FIREARM, AMMUNITION, KNIFE, DAGGER, RAZOR, OTHER CUTTING OR
17 STABBING IMPLEMENT OR CLUB, INCLUDING ANY ITEM WHICH HAS BEEN
18 MODIFIED OR ADOPTED SO THAT IT CAN BE USED AS A FIREARM,
19 AMMUNITION, KNIFE, DAGGER, RAZOR, OTHER CUTTING OR STABBING
20 IMPLEMENT, OR CLUB. THE WORD "FIREARM" INCLUDES AN UNLOADED
21 FIREARM AND THE UNASSEMBLED COMPONENTS OF A FIREARM.
22 § 5504. HARASSMENT AND STALKING BY COMMUNICATION OR ADDRESS.
23 (A) [OFFENSE DEFINED] HARASSMENT BY COMMUNICATION OR
24 ADDRESS.--A PERSON COMMITS [A MISDEMEANOR OF THE THIRD DEGREE
25 IF] THE CRIME OF HARASSMENT BY COMMUNICATION OR ADDRESS WHEN,
26 WITH INTENT TO HARASS, ANNOY OR ALARM ANOTHER, [HE] THE PERSON:
27 (1) [MAKES A TELEPHONE CALL WITHOUT INTENT OF LEGITIMATE
28 COMMUNICATION OR ADDRESSES] COMMUNICATES TO OR ABOUT SUCH
29 OTHER PERSON ANY LEWD, LASCIVIOUS, THREATENING OR [INDECENT]
30 OBSCENE WORDS [OR], LANGUAGE [OR ANONYMOUSLY TELEPHONES
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1 ANOTHER PERSON REPEATEDLY], DRAWINGS OR CARICATURES; OR
2 (2) [MAKES REPEATED COMMUNICATIONS ANONYMOUSLY OR AT
3 EXTREMELY INCONVENIENT HOURS, OR IN OFFENSIVELY COARSE
4 LANGUAGE.] COMMUNICATES REPEATEDLY IN AN ANONYMOUS MANNER;
5 (3) COMMUNICATES REPEATEDLY AT EXTREMELY INCONVENIENT
6 HOURS; OR
7 (4) COMMUNICATES REPEATEDLY IN A MANNER NOT COVERED BY
8 PARAGRAPH (2) OR (3).
9 (A.1) STALKING BY COMMUNICATION OR ADDRESS.--A PERSON
10 COMMITS THE CRIME OF STALKING BY COMMUNICATION OR ADDRESS WHEN
11 THE PERSON ENGAGES IN A COURSE OF CONDUCT OR REPEATEDLY
12 COMMUNICATES TO ANOTHER, INCLUDING FOLLOWING SUCH OTHER PERSON
13 IN AN ELECTRONIC MEDIUM WITHOUT PROPER AUTHORITY, UNDER
14 CIRCUMSTANCES WHICH DEMONSTRATE OR COMMUNICATE EITHER OF THE
15 FOLLOWING:
16 (1) AN INTENT TO PLACE SUCH OTHER PERSON IN REASONABLE
17 FEAR OF BODILY INJURY.
18 (2) AN INTENT TO CAUSE SUBSTANTIAL EMOTIONAL DISTRESS TO
19 SUCH OTHER PERSON.
20 (B) VENUE.--ANY OFFENSE COMMITTED UNDER [PARAGRAPH (A)(1) OF
21 THIS SECTION] SUBSECTION (A) OR (A.1) MAY BE DEEMED TO HAVE BEEN
22 COMMITTED AT EITHER THE PLACE AT WHICH THE [TELEPHONE CALL OR
23 CALLS] COMMUNICATION OR COMMUNICATIONS WERE MADE OR AT THE PLACE
24 WHERE THE [TELEPHONE CALL OR CALLS] COMMUNICATION OR
25 COMMUNICATIONS WERE RECEIVED.
26 (C) GRADING.--
27 (1) AN OFFENSE UNDER SUBSECTION (A) SHALL CONSTITUTE A
28 MISDEMEANOR OF THE THIRD DEGREE.
29 (2) EXCEPT AS SET FORTH UNDER PARAGRAPH (3) OR (4), AN
30 OFFENSE UNDER SUBSECTION (A.1) SHALL CONSTITUTE A MISDEMEANOR
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1 OF THE FIRST DEGREE.
2 (3) A SECOND OR SUBSEQUENT OFFENSE UNDER SUBSECTION
3 (A.1) SHALL CONSTITUTE A FELONY OF THE THIRD DEGREE.
4 (4) A FIRST OFFENSE UNDER SUBSECTION (A.1), IF THE
5 PERSON HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME OF VIOLENCE
6 INVOLVING THIS SAME VICTIM, FAMILY OR HOUSEHOLD MEMBERS,
7 INCLUDING, BUT NOT LIMITED TO, A VIOLATION OF SECTION 2701
8 (RELATING TO SIMPLE ASSAULT), 2702 (RELATING TO AGGRAVATED
9 ASSAULT), 2705 (RELATING TO RECKLESSLY ENDANGERING ANOTHER
10 PERSON), 2709 (RELATING TO HARASSMENT AND STALKING), 2901
11 (RELATING TO KIDNAPPING), 3121 (RELATING TO RAPE), 3123
12 (RELATING TO INVOLUNTARY DEVIATE SEXUAL INTERCOURSE) OR
13 3124.1 (RELATING TO SEXUAL ASSAULT), AN ORDER ISSUED UNDER
14 SECTION 4954 (RELATING TO PROTECTIVE ORDERS) OR AN ORDER
15 ISSUED UNDER 23 PA.C.S. § 6108 (RELATING TO RELIEF), SHALL
16 CONSTITUTE A FELONY OF THE THIRD DEGREE.
17 (D) FALSE REPORTS.--A PERSON WHO KNOWINGLY GIVES FALSE
18 INFORMATION TO ANY LAW ENFORCEMENT OFFICER WITH THE INTENT TO
19 IMPLICATE ANOTHER UNDER THIS SECTION COMMITS AN OFFENSE UNDER
20 SECTION 4906 (RELATING TO FALSE REPORTS TO LAW ENFORCEMENT
21 AUTHORITIES).
22 (E) APPLICATION OF SECTION.--THIS SECTION SHALL NOT APPLY TO
23 CONDUCT BY A PARTY TO A LABOR DISPUTE AS DEFINED IN THE ACT OF
24 JUNE 2, 1937 (P.L.1198, NO.308), KNOWN AS THE LABOR ANTI-
25 INJUNCTION ACT, OR TO ANY CONSTITUTIONALLY PROTECTED ACTIVITY.
26 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
27 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
28 SUBSECTION:
29 "COMMUNICATES." CONVEYS, WITHOUT INTENT OF LEGITIMATE
30 COMMUNICATION OR ADDRESS, BY WRITTEN OR ELECTRONIC MEANS
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1 INCLUDING TELEPHONE, ELECTRONIC MAIL, INTERNET, FACSIMILE, TELEX
2 AND SIMILAR TRANSMISSIONS.
3 "COURSE OF CONDUCT." A PATTERN OF ACTIONS COMPOSED OF MORE
4 THAN ONE ACT OVER A PERIOD OF TIME, HOWEVER SHORT, EVIDENCING A
5 CONTINUITY OF CONDUCT. ACTS INDICATING A COURSE OF CONDUCT WHICH
6 OCCUR IN MORE THAN ONE JURISDICTION MAY BE USED BY ANY OTHER
7 JURISDICTION IN WHICH AN ACT OCCURRED AS EVIDENCE OF A
8 CONTINUING PATTERN OF CONDUCT OR A COURSE OF CONDUCT.
9 "EMOTIONAL DISTRESS." A TEMPORARY OR PERMANENT STATE OF
10 GREAT PHYSICAL OR MENTAL STRAIN.
11 "FAMILY OR HOUSEHOLD MEMBER." SPOUSES OR PERSONS WHO HAVE
12 BEEN SPOUSES, PERSONS LIVING AS SPOUSES OR WHO LIVED AS SPOUSES,
13 PARENTS AND CHILDREN, OTHER PERSONS RELATED BY CONSANGUINITY OR
14 AFFINITY, CURRENT OR FORMER SEXUAL OR INTIMATE PARTNERS OR
15 PERSONS WHO SHARE BIOLOGICAL PARENTHOOD.
16 Section 2 3. This act shall take effect in 60 days. <--
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