PRIOR PRINTER'S NOS. 164, 550, 634 PRINTER'S NO. 684
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 THIRD CONSIDERATION, MARCH 22, 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 offenses relating to weapons 5 or implements for escape; and providing for stalking by 6 communication or address. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 2706(a) of Title 18 of the Pennsylvania 10 Consolidated Statutes is amended and the section is amended by 11 adding subsections to read: 12 § 2706. Terroristic threats. 13 (a) Offense defined.--A person [is guilty of a misdemeanor 14 of the first degree] commits the crime of terroristic threats if 15 [he threatens to] the person communicates a threat to: 16 (1) commit, either directly or indirectly, any crime of 17 violence with intent to terrorize another [or to]; 18 (2) cause evacuation of a building, place of assembly, 19 or facility of public transportation[,]; or
1 (3) otherwise [to] cause serious public inconvenience[, 2 or in] with reckless disregard of the risk of causing such 3 terror or inconvenience. 4 * * * 5 (d) Grading.--An offense under subsection (a) constitutes a 6 misdemeanor of the first degree. 7 (e) Definition.--As used in this section, the term 8 "communicates" means conveys in person or by written or 9 electronic means including telephone, electronic mail, Internet, 10 facsimile, telex and similar transmissions. 11 Section 2. Sections 2709(a), (c)(1) and (f), 5122 and 5504 12 of Title 18 are amended to read: 13 § 2709. Harassment and stalking. 14 (a) Harassment.--A person commits the crime of harassment 15 when, with intent to harass, annoy or alarm another, the person: 16 (1) [he] strikes, shoves, kicks or otherwise subjects 17 [him] the other person to physical contact, or attempts or 18 threatens to do the same; [or] 19 (2) [he] follows [a] the other person in or about a 20 public place or places; or 21 (3) [he] engages in a course of conduct or repeatedly 22 commits acts which [alarm or seriously annoy such other 23 person and which] serve no legitimate purpose. 24 * * * 25 (c) Grading.-- 26 (1) An offense under subsection (a) shall constitute a 27 [summary offense] misdemeanor of the third degree. 28 * * * 29 (f) Definitions.--As used in this section, the following 30 words and phrases shall have the meanings given to them in this 19990S0167B0684 - 2 -
1 subsection: 2 "Course of conduct." A pattern of actions composed of more 3 than one act over a period of time, however short, evidencing a 4 continuity of conduct. The term includes lewd, lascivious, 5 threatening or obscene words, language, drawings, caricatures or 6 actions, either in person or anonymously. 7 * * * 8 § 5122. Weapons or implements for escape. 9 (a) Offenses defined.-- 10 (1) A person commits a misdemeanor of the first degree 11 if he unlawfully introduces within a detention facility, 12 correctional institution or mental hospital, or unlawfully 13 provides an inmate thereof with any weapon, ammunition, tool, <-- 14 implement, or other thing which may be used for escape. 15 (2) An inmate commits a misdemeanor of the first degree 16 if he unlawfully procures, makes or otherwise provides 17 himself with, or unlawfully has in his possession or under 18 his control, any weapon or ammunition, TOOL, IMPLEMENT OR <-- 19 OTHER THING WHICH MAY BE USED FOR ESCAPE. 20 [(3) An inmate commits a misdemeanor of the second <-- 21 degree if he unlawfully procures, makes or otherwise provides 22 himself with, or unlawfully has in his possession or under 23 his control, any tool, implement or other thing which may be 24 used for escape.] <-- 25 (b) Definitions.-- 26 (1) As used in this section the word "unlawfully" means 27 surreptitiously or contrary to law, regulation or order of 28 the detaining authority. 29 (2) As used in this section the word "weapon" means any 30 implement readily capable of lethal use and shall include any 19990S0167B0684 - 3 -
1 firearm, ammunition, knife, dagger, razor, other cutting or 2 stabbing implement or club, including any item which has been 3 modified or adopted so that it can be used as a firearm, 4 ammunition, knife, dagger, razor, other cutting or stabbing 5 implement, or club. The word "firearm" includes an unloaded 6 firearm and the unassembled components of a firearm. 7 § 5504. Harassment and stalking by communication or address. 8 (a) [Offense defined] Harassment by communication or 9 address.--A person commits [a misdemeanor of the third degree 10 if] the crime of harassment by communication or address when, 11 with intent to harass, annoy or alarm another, [he] the person: 12 (1) [makes a telephone call without intent of legitimate 13 communication or addresses] communicates to or about such 14 other person any lewd, lascivious, threatening or [indecent] 15 obscene words [or], language [or anonymously telephones 16 another person repeatedly], drawings or caricatures; or 17 (2) [makes repeated communications anonymously or at 18 extremely inconvenient hours, or in offensively coarse 19 language.] communicates repeatedly in an anonymous manner; 20 (3) communicates repeatedly at extremely inconvenient 21 hours; or 22 (4) communicates repeatedly in a manner not covered by 23 paragraph (2) or (3). 24 (a.1) Stalking by communication or address.--A person 25 commits the crime of stalking by communication or address when 26 the person engages in a course of conduct or repeatedly 27 communicates to another, including following such other person <-- 28 in an electronic medium without proper authority, under 29 circumstances which demonstrate or communicate either of the 30 following: 19990S0167B0684 - 4 -
1 (1) An intent to place such other person in reasonable 2 fear of bodily injury. 3 (2) An intent to cause substantial emotional distress to 4 such other person. 5 (b) Venue.--Any offense committed under [paragraph (a)(1) of 6 this section] subsection (a) or (a.1) may be deemed to have been 7 committed at either the place at which the [telephone call or 8 calls] communication or communications were made or at the place 9 where the [telephone call or calls] communication or 10 communications were received. 11 (c) Grading.-- 12 (1) An offense under subsection (a) shall constitute a 13 misdemeanor of the third degree. 14 (2) Except as set forth under paragraph (3) or (4), an 15 offense under subsection (a.1) shall constitute a misdemeanor 16 of the first degree. 17 (3) A second or subsequent offense under subsection 18 (a.1) shall constitute a felony of the third degree. 19 (4) A first offense under subsection (a.1), if the 20 person has been previously convicted of any crime of violence 21 involving this same victim, family or household members, 22 including, but not limited to, a violation of section 2701 23 (relating to simple assault), 2702 (relating to aggravated 24 assault), 2705 (relating to recklessly endangering another 25 person), 2709 (relating to harassment and stalking), 2901 26 (relating to kidnapping), 3121 (relating to rape), 3123 27 (relating to involuntary deviate sexual intercourse) or 28 3124.1 (relating to sexual assault), an order issued under 29 section 4954 (relating to protective orders) or an order 30 issued under 23 Pa.C.S. § 6108 (relating to relief), shall 19990S0167B0684 - 5 -
1 constitute a felony of the third degree. 2 (d) False reports.--A person who knowingly gives false 3 information to any law enforcement officer with the intent to 4 implicate another under this section commits an offense under 5 section 4906 (relating to false reports to law enforcement 6 authorities). 7 (e) Application of section.--This section shall not apply to 8 conduct by a party to a labor dispute as defined in the act of 9 June 2, 1937 (P.L.1198, No.308), known as the Labor Anti- 10 Injunction Act, or to any constitutionally protected activity. 11 (f) Definitions.--As used in this section, the following 12 words and phrases shall have the meanings given to them in this 13 subsection: 14 "Communicates." Conveys, without intent of legitimate 15 communication or address, by written or electronic means 16 including telephone, electronic mail, Internet, facsimile, telex 17 and similar transmissions. 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. Acts indicating a course of conduct which 21 occur in more than one jurisdiction may be used by any other 22 jurisdiction in which an act occurred as evidence of a 23 continuing pattern of conduct or a course of conduct. 24 "Emotional distress." A temporary or permanent state of 25 great physical or mental strain. 26 "Family or household member." Spouses or persons who have 27 been spouses, persons living as spouses or who lived as spouses, 28 parents and children, other persons related by consanguinity or 29 affinity, current or former sexual or intimate partners or 30 persons who share biological parenthood. 19990S0167B0684 - 6 -
1 Section 3. This act shall take effect in 60 days. L22L18RLE/19990S0167B0684 - 7 -