Bill Text: PA HB1531 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Providing for the offense of criminal surveillance.

Spectrum: Moderate Partisan Bill (Republican 75-9)

Status: (Engrossed - Dead) 2011-11-10 - Referred to JUDICIARY [HB1531 Detail]

Download: Pennsylvania-2011-HB1531-Introduced.html

---

PRINTER'S NO. 1875
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1531 Session of2011
INTRODUCED BY PYLE, AUMENT, BAKER, BEAR, BENNINGHOFF, BOYD, BROOKS, CAUSER, CHRISTIANA, COX, CREIGHTON, CUTLER, DENLINGER, DUNBAR, ELLIS, EMRICK, EVANKOVICH, J. EVANS, EVERETT, FARRY, FLECK, GABLER, GEIST, GERGELY, GIBBONS, GILLESPIE, GRELL, GROVE, HAHN, HARHAI, HARHART, HARRIS, HEFFLEY, HELM, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, F. KELLER, M. K. KELLER, KNOWLES, KORTZ, KOTIK, KRIEGER, MAJOR, MALONEY, MARSHALL, MARSICO, MASSER, METCALFE, METZGAR, MILLARD, MILLER, MILNE, MOUL, MUSTIO, NEUMAN, OBERLANDER, PAYNE, PEIFER, PERRY, PICKETT, RAPP, READSHAW, REED, REESE, ROAE, ROCK, SACCONE, SAYLOR, SIMMONS, K. SMITH, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, TOBASH, TOOHIL, VEREB, VULAKOVICH, WATSON AND WHITE, MAY 11, 2011
REFERRED TO COMMITTEE ON JUDICIARY, MAY 11, 2011
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, providing for the offense of criminal
surveillance.
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:
§ 3505. Criminal surveillance.
(a) Offense defined.--A person commits the crime of criminal
surveillance if he engages in surveillance while trespassing in
a private place.
(b) Separate violations.--A separate violation of this
section shall occur:
(1) for each victim of an offense under subsection (a)
under the same or similar circumstances pursuant to one
scheme or course of conduct whether at the same or different
time; or
(2) if a person is a victim of an offense under
subsection (a) on more than one occasion during a separate
course of conduct either individually or otherwise.
(c) Penalties.--
(1) A single violation of this section shall constitute
a summary offense.
(2) Multiple violations of this section shall constitute
a misdemeanor of the third degree.
(d) Exceptions.--Subsection (a) shall not apply if the
conduct proscribed under subsection (a) is done by any of the
following:
(1) Law enforcement officers during a lawful criminal
investigation.
(2) Law enforcement officers, personnel of the
Department of Corrections or a local correctional facility,
prison or jail for security purposes or during investigation
of alleged misconduct by a person in the custody of the
Department of Corrections or local authorities.
(3) A person who is a passenger or pilot of an aircraft
operating in a manner consistent with 74 Pa.C.S. § 5501
(relating to ownership of space).
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Aircraft." The term as defined in 74 Pa.C.S. § 5102
(relating to definitions).
20110HB1531PN1875 - 2 -
"Private place." A place where a person may reasonably
expect to be safe from casual or hostile intrusion or
surveillance.
"Surveillance." Observation of the activities of another
person or invading the privacy of the person observed.
"Trespassing." Entering or remaining, or causing any
instrument or device equipped with technology to facilitate
surveillance to enter or remain, on the land or in the airspace
of another, by one who knows he is not authorized or privileged
to do so.
Section 2. This act shall take effect in 90 days.
20110HB1531PN1875 - 3 -