Bill Text: PA SB300 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for theft of personal or confidential information.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-20 - Referred to JUDICIARY [SB300 Detail]

Download: Pennsylvania-2009-SB300-Introduced.html

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PRINTER'S NO. 299
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 300 Session of2009
INTRODUCED BY CORMAN, BROWNE, GORDNER, ORIE, RAFFERTY, BOSCOLA, FONTANA, STACK, ALLOWAY, BAKER, BRUBAKER, FERLO, KASUNIC, LOGAN, O'PAKE, PIPPY, ROBBINS, STOUT, TARTAGLIONE, TOMLINSON, WILLIAMS, WAUGH, D. WHITE, WONDERLING AND WARD, FEBRUARY 20, 2009
REFERRED TO JUDICIARY, FEBRUARY 20, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, providing for theft of personal or
confidential information.
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:
§ 3930.1. Theft of personal or confidential information.
(a) Felony of the second degree.--A person commits a felony
of the second degree if he:
(1) by force or violence or by putting him in fear takes
from the person of another any article representing personal
or confidential information;
(2) willfully and maliciously enters any building or
other structure with intent to obtain unlawful possession of
or access to an article representing personal or confidential
information; or
(3) willfully and maliciously accesses any computer,
computer network or computer system, whether in person or
electronically, with the intent to obtain unlawful possession
of or access to an article representing personal or
confidential information.
(b) Felony of the third degree.--A person commits a felony
of the third degree if he, with intent to wrongfully deprive of,
or withhold from the owner, the control of personal or
confidential information, or with intent to wrongfully
appropriate personal or confidential information for his use, or
for the use of another:
(1) unlawfully obtains possession of or access to an
article representing personal or confidential information; or
(2) having lawfully obtained possession of an article
representing personal or confidential information or access
thereto converts the article or information to his own use or
that of another person, while having possession of the
article or access thereto makes or causes to be made a copy
of the article or exhibits the article or information to
another.
(c) Further disposition irrelevant.--The crime or crimes
defined in subsections (a) and (b) shall be deemed complete
without regard to the further disposition, return or intent to
return of the article representing personal or confidential
information.
(d) Defense.--It shall be a complete defense to any
prosecution under subsection (b) for the defendant to show that
information comprising the personal or confidential information
was rightfully known or available to him from a source other
than the owner of the personal or confidential information.
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(e) Construction.--Nothing in this section shall be
construed to interfere with or prohibit terms or conditions in a
contract or license related to a computer, a computer network or
computer software.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Article." Any object, material, device or substance or copy
thereof, including any writing, record, recording, drawing,
description, sample, specimen, prototype, model, photograph,
microorganism, blueprint or map.
"Computer." An electronic, magnetic, optical, hydraulic,
organic or other high-speed data processing device or system
which performs logic, arithmetic or memory functions, including
all input, output, processing, storage, software or
communication facilities which are connected or related to the
device in a system or network.
"Computer network." The interconnection of two or more
computers through the usage of satellite, microwave, line or
other communication medium.
"Computer system." A set of related, connected or
unconnected computer equipment, devices and software.
"Copy." Any facsimile, replica, photograph or reproduction
of an article or any note, drawing, sketch or description made
of or from an article.
"Representing." Describing, depicting, containing,
constituting, reflecting or recording.
Section 2. This act shall take effect in 60 days.
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