THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BEYER, ADOLPH, BAKER, BOBACK, BOYD, BRADFORD, BRENNAN, CARROLL, COHEN, D. COSTA, J. EVANS, FAIRCHILD, FARRY, FLECK, FREEMAN, GEIST, GEORGE, GOODMAN, HARKINS, HORNAMAN, JOSEPHS, KORTZ, KULA, LONGIETTI, MELIO, MILLARD, MOUL, MURT, MYERS, O'NEILL, PALLONE, PHILLIPS, PICKETT, QUINN, READSHAW, ROCK, SIPTROTH, SWANGER, TALLMAN, VULAKOVICH, WATSON AND YOUNGBLOOD, OCTOBER 29, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 29, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, defining the offense of false caller

identification information display; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 4121.  False caller identification information display.

(a)  Offense defined.--A person may not, with the intent to

defraud, make a call or engage in conduct that results in the

display of false caller identification information on a

recipient's telephone.

(b)  Grading.--In addition to any other penalty imposed

pursuant to this title or other statute, a person who violates

this section:

(1)  For a first offense, commits a misdemeanor of the

third degree.

(2)  For a second or subsequent offense, commits a

misdemeanor of the second degree.

(c)  Exception.--This section shall not apply to:

(1)  The blocking of caller identification information.

(2)  Any law enforcement agency of the Federal, State,

county or municipal government.

(3)  Any intelligence or security agency of the Federal

Government.

(4)  A telecommunications, broadband or voice-over-

Internet service provider that is acting solely as an

intermediary for the transmission of telephone service

between the caller and the recipient.

(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Call."  Any type of telephone call made using a public

switched telephone network, wireless cellular telephone service

or voice-over-Internet protocol (VoIP) service that has the

capability of accessing users on the public switched telephone

network or a successor network.

"False caller identification information."  Data that

misrepresents the identity of the caller to the recipient of a

call or to the network itself. However, when a person making an

authorized call on behalf of another person inserts the name or

telephone number of the person on whose behalf the call is being

made, such information shall not be deemed false information.

Section 2.  This act shall take effect in 60 days.