PRINTER'S NO. 698
No. 656 Session of 2001
INTRODUCED BY CORMAN, TOMLINSON, THOMPSON, TARTAGLIONE, HOLL AND
LOGAN, MARCH 19, 2001
REFERRED TO COMMUNICATIONS AND HIGH TECHNOLOGY, MARCH 19, 2001
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, defining the offense of unlawful access to
4 information; and further providing for unlawful use of
5 computer and for bases of personal jurisdiction over persons
6 outside this Commonwealth.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 3933 heading and (a) and 5708(2) of
10 Title 18 of the Pennsylvania Consolidated Statutes are amended
11 to read:
12 § 3933. Unlawful use of [computer] information technology.
13 (a) Offense defined.--A person commits the offense of
14 unlawful use of a computer if he, whether in person,
15 electronically or through the intentional distribution of a
16 computer virus:
17 (1) accesses, exceeds authorization to access, alters,
18 damages or destroys any information technology, including,
19 but not limited to, a computer, computer system, computer
20 network, computer software, computer program [or], data base,
1 cellular telephone, pager or palm pilot or any part thereof,
2 with the intent:
3 (i) to interrupt the normal functioning of an
4 organization; or
5 (ii) to devise or execute any scheme or artifice to
6 defraud, deceive or control property or services by means
7 of false or fraudulent pretenses, representations or
8 promises;
9 (2) intentionally and without authorization accesses,
10 alters, interferes with the operation of, damages or destroys
11 any computer, computer system, computer network, computer
12 software, computer program or computer data base or any part
13 thereof;
14 (3) intentionally or knowingly and without authorization
15 gives or publishes a password, identifying code, personal
16 identification number or other confidential information about
17 a computer, computer system, computer network or data base;
18 or
19 (4) intentionally or knowingly engages in a scheme or
20 artifice, including, but not limited to, a denial of service
21 attack, upon any computer, computer system, computer network,
22 computer software, computer program, computer server or data
23 base or any part thereof that is designed to block, impede or
24 deny the access of information or initiation or completion of
25 any sale or transaction by users of that computer, computer
26 system, computer network, computer software, computer
27 program, computer server or data base or any part thereof.
28 * * *
29 § 5708. Order authorizing interception of wire, electronic or
30 oral communications.
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1 The Attorney General, or, during the absence or incapacity of
2 the Attorney General, a deputy attorney general designated in
3 writing by the Attorney General, or the district attorney or,
4 during the absence or incapacity of the district attorney, an
5 assistant district attorney designated in writing by the
6 district attorney of the county wherein the interception is to
7 be made, may make written application to any Superior Court
8 judge for an order authorizing the interception of a wire,
9 electronic or oral communication by the investigative or law
10 enforcement officers or agency having responsibility for an
11 investigation involving suspected criminal activities when such
12 interception may provide evidence of the commission of any of
13 the following offenses, or may provide evidence aiding in the
14 apprehension of the perpetrator or perpetrators of any of the
15 following offenses:
16 * * *
17 (2) Under this title, where such offense is dangerous to
18 life, limb or property and punishable by imprisonment for
19 more than one year:
20 Section 910 (relating to manufacture, distribution or
21 possession of devices for theft of telecommunications
22 services)
23 Section 3925 (relating to receiving stolen property)
24 Section 3926 (relating to theft of services)
25 Section 3927 (relating to theft by failure to make
26 required disposition of funds received)
27 Section 3933 (relating to unlawful use of [computer]
28 information technology)
29 Section 4108 (relating to commercial bribery and
30 breach of duty to act disinterestedly)
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1 Section 4109 (relating to rigging publicly exhibited
2 contest)
3 Section 4117 (relating to insurance fraud)
4 Section 4305 (relating to dealing in infant children)
5 Section 4902 (relating to perjury)
6 Section 4909 (relating to witness or informant taking
7 bribe)
8 Section 4911 (relating to tampering with public
9 records or information)
10 Section 4952 (relating to intimidation of witnesses
11 or victims)
12 Section 4953 (relating to retaliation against witness
13 or victim)
14 Section 5101 (relating to obstructing administration
15 of law or other governmental function)
16 Section 5111 (relating to dealing in proceeds of
17 unlawful activities)
18 Section 5121 (relating to escape)
19 Section 5504 (relating to harassment by communication
20 or address)
21 Section 5902 (relating to prostitution and related
22 offenses)
23 Section 5903 (relating to obscene and other sexual
24 materials and performances)
25 Section 7313 (relating to buying or exchanging
26 Federal food order coupons, stamps, authorization cards
27 or access devices)
28 * * *
29 Section 2. Title 18 is amended by adding a section to read:
30 § 7326.1. Unlawful access to information.
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1 (a) Offense defined.--It shall be unlawful for any person to
2 access or disclose personal, medical, insurance or confidential
3 information of another person for purposes of commercial
4 advantage, malicious destruction or damage or private commercial
5 gain.
6 (b) Grading.--A person who violates this section commits a
7 misdemeanor of the first degree for the first offense and a
8 felony of the third degree for subsequent offenses.
9 (c) Use of police reports.--A report to a law enforcement
10 agency by a person stating that the person's personal, medical,
11 insurance or confidential information has been accessed without
12 the person's consent shall be prima facie evidence that the
13 information was accessed without the person's consent.
14 (d) Cause of action.--Any person aggrieved by a violation of
15 this section may in a civil action in any court of competent
16 jurisdiction obtain appropriate relief, including preliminary
17 and other equitable or declaratory relief, compensatory and
18 punitive damages, reasonable investigation expenses, costs of
19 suit and attorney fees.
20 Section 3. Section 5322(a)(1) of Title 42 is amended to
21 read:
22 § 5322. Bases of personal jurisdiction over persons outside
23 this Commonwealth.
24 (a) General rule.--A tribunal of this Commonwealth may
25 exercise personal jurisdiction over a person (or the personal
26 representative of a deceased individual who would be subject to
27 jurisdiction under this subsection if not deceased) who acts
28 directly or by an agent, as to a cause of action or other matter
29 arising from such person:
30 (1) Transacting any business in this Commonwealth.
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1 Without excluding other acts which may constitute transacting
2 business in this Commonwealth, any of the following shall
3 constitute transacting business for the purpose of this
4 paragraph:
5 (i) The doing by any person in this Commonwealth of
6 a series of similar acts for the purpose of thereby
7 realizing pecuniary benefit or otherwise accomplishing an
8 object.
9 (ii) The doing of a single act in this Commonwealth
10 for the purpose of thereby realizing pecuniary benefit or
11 otherwise accomplishing an object with the intention of
12 initiating a series of such acts.
13 (iii) The shipping of merchandise directly or
14 indirectly into or through this Commonwealth.
15 (iv) The engaging in any business or profession
16 within this Commonwealth, whether or not such business
17 requires license or approval by any government unit of
18 this Commonwealth.
19 (v) The ownership, use or possession of any real
20 property situate within this Commonwealth.
21 (vi) The utilization of information technology to
22 facilitate or transact business in real or personal
23 property.
24 * * *
25 Section 4. Section 5552(b)(1) of Title 42, amended December
26 20, 2000 (P.L. , No.136), is amended to read:
27 § 5552. Other offenses.
28 * * *
29 (b) Major offenses.--A prosecution for any of the following
30 offenses must be commenced within five years after it is
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1 committed:
2 (1) Under the following provisions of Title 18 (relating
3 to crimes and offenses):
4 Section 911 (relating to corrupt organizations).
5 Section 2702 (relating to aggravated assault).
6 Section 2706 (relating to terroristic threats).
7 Section 2901 (relating to kidnapping).
8 Section 3121 (relating to rape).
9 Section 3122.1 (relating to statutory sexual
10 assault).
11 Section 3123 (relating to involuntary deviate sexual
12 intercourse).
13 Section 3124.1 (relating to sexual assault).
14 Section 3125 (relating to aggravated indecent
15 assault).
16 Section 3301 (relating to arson and related
17 offenses).
18 Section 3502 (relating to burglary).
19 Section 3701 (relating to robbery).
20 Section 3921 (relating to theft by unlawful taking or
21 disposition) through section 3933 (relating to unlawful
22 use of [computer] information technology).
23 Section 4101 (relating to forgery).
24 Section 4108 (relating to commercial bribery and
25 breach of duty to act disinterestedly).
26 Section 4109 (relating to rigging publicly exhibited
27 contest).
28 Section 4117 (relating to insurance fraud).
29 Section 4302 (relating to incest).
30 Section 4701 (relating to bribery in official and
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1 political matters) through section 4703 (relating to
2 retaliation for past official action).
3 Section 4902 (relating to perjury) through section
4 4912 (relating to impersonating a public servant).
5 Section 4952 (relating to intimidation of witnesses
6 or victims).
7 Section 4953 (relating to retaliation against witness
8 or victim).
9 Section 5101 (relating to obstructing administration
10 of law or other governmental function).
11 Section 5111 (relating to dealing in proceeds of
12 unlawful activities).
13 Section 5512 (relating to lotteries, etc.) through
14 section 5514 (relating to pool selling and bookmaking).
15 Section 5902(b) (relating to prostitution and related
16 offenses).
17 Section 6312 (relating to sexual abuse of children).
18 * * *
19 Section 5. This act shall take effect in 60 days.
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