PRIOR PRINTER'S NOS. 698, 1574 PRINTER'S NO. 1631
No. 656 Session of 2001
INTRODUCED BY CORMAN, TOMLINSON, THOMPSON, TARTAGLIONE, HOLL,
LOGAN AND LEMMOND, MARCH 19, 2001
AS AMENDED ON THIRD CONSIDERATION, DECEMBER 12, 2001
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for definitions; defining the <--
4 offense of unlawful access to information; and further
5 providing AND for unlawful use of computer and for bases of <--
6 personal jurisdiction over persons outside this Commonwealth.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 103 of Title 18 of the Pennsylvania
10 Consolidated Statutes is amended by adding a definition to read:
11 § 103. Definitions.
12 Subject to additional definitions contained in subsequent
13 provisions of this title which are applicable to specific
14 provisions of this part, the following words and phrases when
15 used in this title shall have, unless the context clearly
16 indicates otherwise, the meanings given to them in this section:
17 * * *
18 "Information technology." Any technology used to process,
19 store, transmit or publish information including, but not
20 limited to, a computer, computer system, computer network,
1 computer software, computer program, database, cellular
2 telephone, pager or personal digital assistant or any part of
3 that technology.
4 * * *
5 Section 2. Sections 3933 heading and (a) and 5708(2) of
6 Title 18 are amended to read:
7 § 3933. Unlawful use of [computer] information technology.
8 (a) Offense defined.--A person commits the offense of
9 unlawful use of [a computer] information technology if he,
10 whether in person, electronically or through the intentional
11 distribution of a computer virus:
12 (1) accesses, exceeds authorization to access, alters,
13 damages or destroys any information technology, [computer,
14 computer system, computer network, computer software,
15 computer program or data base or any part thereof,] with the
16 intent:
17 (i) to interrupt the normal functioning of an
18 organization; or
19 (ii) to devise or execute any scheme or artifice to
20 defraud, deceive or control property or services by means
21 of false or fraudulent pretenses, representations or
22 promises;
23 (2) intentionally and without authorization accesses,
24 alters, interferes with the operation of, damages or destroys
25 any [computer, computer system, computer network, computer
26 software, computer program or computer data base or any part
27 thereof] information technology;
28 (3) intentionally or knowingly and without authorization
29 gives or publishes a password, identifying code, personal
30 identification number or other confidential information
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1 [about a computer, computer system, computer network or data
2 base] regarding or pertaining to information technology; or
3 (4) intentionally or knowingly engages in a scheme or
4 artifice, including, but not limited to, a denial of service
5 attack, upon any [computer, computer system, computer
6 network, computer software, computer program, computer server
7 or data base or any part thereof] information technology that
8 is designed to block, impede or deny the access of
9 information or initiation or completion of any sale or
10 transaction by users of that [computer, computer system,
11 computer network, computer software, computer program,
12 computer server or data base or any part thereof] information
13 technology.
14 * * *
15 § 5708. Order authorizing interception of wire, electronic or
16 oral communications.
17 The Attorney General, or, during the absence or incapacity of
18 the Attorney General, a deputy attorney general designated in
19 writing by the Attorney General, or the district attorney or,
20 during the absence or incapacity of the district attorney, an
21 assistant district attorney designated in writing by the
22 district attorney of the county wherein the interception is to
23 be made, may make written application to any Superior Court
24 judge for an order authorizing the interception of a wire,
25 electronic or oral communication by the investigative or law
26 enforcement officers or agency having responsibility for an
27 investigation involving suspected criminal activities when such
28 interception may provide evidence of the commission of any of
29 the following offenses, or may provide evidence aiding in the
30 apprehension of the perpetrator or perpetrators of any of the
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1 following offenses:
2 * * *
3 (2) Under this title, where such offense is dangerous to
4 life, limb or property and punishable by imprisonment for
5 more than one year:
6 Section 910 (relating to manufacture, distribution or
7 possession of devices for theft of telecommunications
8 services)
9 Section 3925 (relating to receiving stolen property)
10 Section 3926 (relating to theft of services)
11 Section 3927 (relating to theft by failure to make
12 required disposition of funds received)
13 Section 3933 (relating to unlawful use of [computer]
14 information technology)
15 Section 4108 (relating to commercial bribery and
16 breach of duty to act disinterestedly)
17 Section 4109 (relating to rigging publicly exhibited
18 contest)
19 Section 4117 (relating to insurance fraud)
20 Section 4305 (relating to dealing in infant children)
21 Section 4902 (relating to perjury)
22 Section 4909 (relating to witness or informant taking
23 bribe)
24 Section 4911 (relating to tampering with public
25 records or information)
26 Section 4952 (relating to intimidation of witnesses
27 or victims)
28 Section 4953 (relating to retaliation against witness
29 or victim)
30 Section 5101 (relating to obstructing administration
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1 of law or other governmental function)
2 Section 5111 (relating to dealing in proceeds of
3 unlawful activities)
4 Section 5121 (relating to escape)
5 Section 5504 (relating to harassment by communication
6 or address)
7 Section 5902 (relating to prostitution and related
8 offenses)
9 Section 5903 (relating to obscene and other sexual
10 materials and performances)
11 Section 7313 (relating to buying or exchanging
12 Federal food order coupons, stamps, authorization cards
13 or access devices)
14 * * *
15 Section 3. Sections 5322(a)(1) and 5552(b)(1) of Title 42
16 are amended to read:
17 § 5322. Bases of personal jurisdiction over persons outside
18 this Commonwealth.
19 (a) General rule.--A tribunal of this Commonwealth may
20 exercise personal jurisdiction over a person (or the personal
21 representative of a deceased individual who would be subject to
22 jurisdiction under this subsection if not deceased) who acts
23 directly or by an agent, as to a cause of action or other matter
24 arising from such person:
25 (1) Transacting any business in this Commonwealth.
26 Without excluding other acts which may constitute transacting
27 business in this Commonwealth, any of the following shall
28 constitute transacting business for the purpose of this
29 paragraph:
30 (i) The doing by any person in this Commonwealth of
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1 a series of similar acts for the purpose of thereby
2 realizing pecuniary benefit or otherwise accomplishing an
3 object.
4 (ii) The doing of a single act in this Commonwealth
5 for the purpose of thereby realizing pecuniary benefit or
6 otherwise accomplishing an object with the intention of
7 initiating a series of such acts.
8 (iii) The shipping of merchandise directly or
9 indirectly into or through this Commonwealth.
10 (iv) The engaging in any business or profession
11 within this Commonwealth, whether or not such business
12 requires license or approval by any government unit of
13 this Commonwealth.
14 (v) The ownership, use or possession of any real
15 property situate within this Commonwealth.
16 (vi) The utilization of information technology to
17 facilitate a crime or to facilitate or transact business
18 in real or personal property.
19 * * *
20 § 5552. Other offenses.
21 * * *
22 (b) Major offenses.--A prosecution for any of the following
23 offenses must be commenced within five years after it is
24 committed:
25 (1) Under the following provisions of Title 18 (relating
26 to crimes and offenses):
27 Section 911 (relating to corrupt organizations).
28 Section 2702 (relating to aggravated assault).
29 Section 2706 (relating to terroristic threats).
30 Section 2901 (relating to kidnapping).
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1 Section 3121 (relating to rape).
2 Section 3122.1 (relating to statutory sexual
3 assault).
4 Section 3123 (relating to involuntary deviate sexual
5 intercourse).
6 Section 3124.1 (relating to sexual assault).
7 Section 3125 (relating to aggravated indecent
8 assault).
9 Section 3301 (relating to arson and related
10 offenses).
11 Section 3502 (relating to burglary).
12 Section 3701 (relating to robbery).
13 Section 3921 (relating to theft by unlawful taking or
14 disposition) through section 3933 (relating to unlawful
15 use of [computer] information technology).
16 Section 4101 (relating to forgery).
17 Section 4108 (relating to commercial bribery and
18 breach of duty to act disinterestedly).
19 Section 4109 (relating to rigging publicly exhibited
20 contest).
21 Section 4117 (relating to insurance fraud).
22 Section 4302 (relating to incest).
23 Section 4701 (relating to bribery in official and
24 political matters) through section 4703 (relating to
25 retaliation for past official action).
26 Section 4902 (relating to perjury) through section
27 4912 (relating to impersonating a public servant).
28 Section 4952 (relating to intimidation of witnesses
29 or victims).
30 Section 4953 (relating to retaliation against witness
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1 or victim).
2 Section 5101 (relating to obstructing administration
3 of law or other governmental function).
4 Section 5111 (relating to dealing in proceeds of
5 unlawful activities).
6 Section 5512 (relating to lotteries, etc.) through
7 section 5514 (relating to pool selling and bookmaking).
8 Section 5902(b) (relating to prostitution and related
9 offenses).
10 Section 6312 (relating to sexual abuse of children).
11 * * *
12 Section 4. This act shall take effect in 60 days.
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