Bill Text: PA HB2560 | 2011-2012 | Regular Session | Introduced

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Bill Title: In computer offenses, providing for the offense of online impersonation; and making an editorial change.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2012-07-31 - Referred to JUDICIARY [HB2560 Detail]

Download: Pennsylvania-2011-HB2560-Introduced.html

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PRINTER'S NO. 3928
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2560 Session of2012
INTRODUCED BY WATERS, V. BROWN, MULLERY, NEILSON, BISHOP, WILLIAMS, HORNAMAN, JAMES, FABRIZIO, MURT, KORTZ AND BRADFORD, JULY 31, 2012
REFERRED TO COMMITTEE ON JUDICIARY, JULY 31, 2012
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in computer offenses, providing for
the offense of online impersonation; and making an editorial
change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 76 Subchapter E heading of Title 18 of
the Pennsylvania Consolidated Statutes is amended to read:
SUBCHAPTER E
ELECTRONIC MAIL AND INTERNET OFFENSES
Section 2. Title 18 is amended by adding a section to read:
§ 7662. Online impersonation.
(a) Offense defined.--A person commits the crime of online
impersonation if the person:
(1) Uses the name or persona of another person to create
an Internet web page on or to post a message on a commercial
social networking site or sends an electronic mail, instant
message, text message or similar communication without
obtaining the other person's consent and with the intent to
harm, defraud, intimidate or threaten any person.
(2) Sends an electronic mail, instant message, text
message or similar communication that references a name,
domain address, telephone number or other item of identifying
information belonging to any person without obtaining the
other person's consent, with the intent to cause a recipient
of the communication to reasonably believe that the other
person authorized or transmitted the communication and with
the intent to harm or defraud any person.
(3) Uses the name or persona of a public official to
create an Internet web page on or to post a message on a
commercial social networking site or sends an electronic
mail, instant message, text message or similar communication
without obtaining the public official's consent and with the
intent to induce another to submit to such pretended official
authority, to solicit funds or otherwise to act in reliance
upon that pretense to the other person's detriment.
(b) Grading.--
(1) An offense under subsection (a)(1) or (2) shall
constitute a misdemeanor of the third degree for each
separate offense.
(2) An offense under subsection (a)(3) shall constitute
a misdemeanor of the second degree.
(c) 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:
"Commercial social networking site." A business,
organization or other similar entity that operates an Internet
website and permits persons to become registered users for the
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purpose of establishing personal relationships with other users
through direct or real-time communication with other users or
the creation of Internet web pages or profiles available to the
public or to other users. The term does not include an
electronic mail program or a message board program.
"Identifying information." Information that alone or in
conjunction with other information identifies a person,
including a person's:
(1) Name and Social Security number, date of birth or
government-issued identification number.
(2) Unique biometric data, including the person's
fingerprint, voice print or retina or iris image.
(3) Unique electronic identification number, address,
routing code or financial institution account number.
(4) Telecommunication identifying information or access
device.
"Public official." A person elected by the public or elected
or appointed by a governmental body or an appointed official in
the executive, legislative or judicial branch of the
Commonwealth or any political subdivision thereof.
Section 3. This act shall take effect in 60 days.
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