act-2002-0-226•Pennsylvania Act 2002-226 — CRIMES CODE (18 PA.C.S.) - AMEND RAPE, INVOLUNTARY DEIATE SEXUAL INTERCOURSE, AGGRAVATED INDECENT ASSAULT, FORGERY, COMPUTER OFFENSES AND PENALTIES
Pennsylvania Act 2002-226 — CRIMES CODE (18 PA.C.S.) - AMEND RAPE, INVOLUNTARY DEIATE SEXUAL INTERCOURSE, AGGRAVATED INDECENT ASSAULT, FORGERY, COMPUTER OFFENSES AND PENALTIES
act-2002-0-2262002 Pa. Act 226Law
Act text
CRIMES CODE (18 PA.C.S.) - AMEND RAPE, INVOLUNTARY DEIATE SEXUAL
INTERCOURSE, AGGRAVATED INDECENT ASSAULT, FORGERY, COMPUTER OFFENSES AND
PENALTIES
Act of Dec. 16, 2002, P.L. 1953, No. 226 Cl. 18
Session of 2002
No. 2002-226
SB 1402
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for the offenses of
rape, involuntary deviate sexual intercourse, aggravated
indecent assault and forgery; and providing for computer
offenses and for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3101 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 3101. Definitions.
Subject to additional definitions contained in subsequent
provisions of this chapter which are applicable to specific
provisions of this chapter, the following words and phrases when
used in this chapter shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Serious bodily injury." As defined in section 2301
(relating to definitions).
* * *
Section 1.1. Sections 3121, 3123 and 3125 of Title 18 are
amended to read:
§ 3121. Rape.
(a) Offense defined.--A person commits a felony of the first
degree when [he or she] the person engages in sexual intercourse
with a complainant:
(1) By forcible compulsion.
(2) By threat of forcible compulsion that would prevent
resistance by a person of reasonable resolution.
(3) Who is unconscious or where the person knows that
the complainant is unaware that the sexual intercourse is
occurring.
(4) Where the person has substantially impaired the
complainant's power to appraise or control his or her conduct
by administering or employing, without the knowledge of the
complainant, drugs, intoxicants or other means for the
purpose of preventing resistance.
(5) Who suffers from a mental disability which renders
the complainant incapable of consent.
(6) Who is less than 13 years of age.
(b) Additional penalties.--In addition to the penalty
provided for by subsection (a), a person may be sentenced to an
additional term not to exceed ten years' confinement and an
additional amount not to exceed $100,000 where the person
engages in sexual intercourse with a complainant and has
substantially impaired the complainant's power to appraise or
control his or her conduct by administering or employing,
without the knowledge of the complainant, any substance for the
purpose of preventing resistance through the inducement of
euphoria, memory loss and any other effect of this substance.
(c) Rape of a child.--A person commits the offense of rape
of a child when the person engages in sexual intercourse with a
complainant who is less than 13 years of age.
(d) Rape of a child with serious bodily injury.--A person
commits the offense of rape of a child resulting in serious
bodily injury when the person violates this section and the
complainant is under 13 years of age and suffers serious bodily
injury in the course of the offense.
(e) Sentences.--Notwithstanding the provisions of section
1103 (relating to sentence of imprisonment for felony), a person
convicted of an offense under:
(1) Subsection (c) shall be sentenced to a term of
imprisonment which shall be fixed by the court at not more
than 40 years.
(2) Subsection (d) shall be sentenced up to a maximum
term of life imprisonment.
§ 3123. Involuntary deviate sexual intercourse.
(a) Offense defined.--A person commits a felony of the first
degree when [he or she] the person engages in deviate sexual
intercourse with a complainant:
(1) by forcible compulsion;
(2) by threat of forcible compulsion that would prevent
resistance by a person of reasonable resolution;
(3) who is unconscious or where the person knows that
the complainant is unaware that the sexual intercourse is
occurring;
(4) where the person has substantially impaired the
complainant's power to appraise or control his or her conduct
by administering or employing, without the knowledge of the
complainant, drugs, intoxicants or other means for the
purpose of preventing resistance;
(5) who suffers from a mental disability which renders
him or her incapable of consent;
(6) who is less than 13 years of age; or
(7) who is less than 16 years of age and the person is
four or more years older than the complainant and the
complainant and person are not married to each other.
(b) Involuntary deviate sexual intercourse with a child.--A
person commits involuntary deviate sexual intercourse with a
child when the person engages in deviate sexual intercourse with
a complainant who is less than 13 years of age.
(c) Involuntary deviate sexual intercourse with a child with
serious bodily injury.--A person commits an offense under this
section with a child resulting in serious bodily injury when the
person violates this section and the complainant is less than 13
years of age and the complainant suffers serious bodily injury
in the course of the offense.
(d) Sentences.--Notwithstanding the provisions of section
1103 (relating to sentence of imprisonment for felony), a person
convicted of an offense under:
(1) Subsection (b) shall be sentenced to a term of
imprisonment which shall be fixed by the court at not more
than 40 years.
(2) Subsection (c) shall be sentenced up to a maximum
term of life imprisonment.
[(b)] (e) Definition.--As used in this section, the term
"forcible compulsion" includes, but is not limited to,
compulsion resulting in another person's death, whether the
death occurred before, during or after the sexual intercourse.
§ 3125. Aggravated indecent assault.
(a) Offenses defined.--Except as provided in sections 3121
(relating to rape), 3122.1 (relating to statutory sexual
assault), 3123 (relating to involuntary deviate sexual
intercourse) and 3124.1 (relating to sexual assault), a person
who engages in penetration, however slight, of the genitals or
anus of a complainant with a part of the person's body for any
purpose other than good faith medical, hygienic or law
enforcement procedures commits aggravated indecent assault[, a
felony of the second degree,] if:
(1) the person does so without the complainant's
consent;
(2) the person does so by forcible compulsion;
(3) the person does so by threat of forcible compulsion
that would prevent resistance by a person of reasonable
resolution;
(4) the complainant is unconscious or the person knows
that the complainant is unaware that the penetration is
occurring;
(5) the person has substantially impaired the
complainant's power to appraise or control his or her conduct
by administering or employing, without the knowledge of the
complainant, drugs, intoxicants or other means for the
purpose of preventing resistance;
(6) the complainant suffers from a mental disability
which renders him or her incapable of consent;
(7) the complainant is less than 13 years of age; or
(8) the complainant is less than 16 years of age and the
person is four or more years older than the complainant and
the complainant and the person are not married to each other.
(b) Aggravated indecent assault of a child.--A person
commits aggravated indecent assault of a child when the person
violates subsection (a)(1), (2), (3), (4), (5) or (6) and the
complainant is less than 13 years of age.
(c) Grading and sentences.--
(1) An offense under subsection (a) is a felony of the
second degree.
(2) An offense under subsection (b) is a felony of the
first degree.
Section 1.2. Section 3933 of Title 18 is repealed.
Section 1.3. Section 4101(b) of Title 18 is amended to read:
§ 4101. Forgery.
* * *
(b) Definition.--As used in this section, the word "writing"
includes printing or any other method of recording information,
money, coins, tokens, stamps, seals, credit cards, badges,
trademarks, electronic signatures and other symbols of value,
right, privilege, or identification.
* * *
Section 2. Section 7330 of Title 18 is repealed.
Section 3. Title 18 is amended by adding a chapter to read:
CHAPTER 76
COMPUTER OFFENSES
Subchapter
A. General Provisions
B. Hacking and Similar Offenses
C. Internet Child Pornography
E. Electronic Mail
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
7601. Definitions.
7602. Jurisdiction.
7603. Restitution.
7604. Concurrent jurisdiction.
7605. Defense.
7606. Construction.
§ 7601. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Access." To intercept, instruct, communicate with, store
data in, retrieve data from or otherwise make use of any
resources of a computer, computer system, computer network or
database.
"Computer." An electronic, magnetic, optical, hydraulic,
organic or other high-speed data processing device or system
which performs logic, arithmetic or memory functions and
includes all input, output, processing, storage, software or
communication facilities which are connected or related to the
device in a system or network.
"Computer data." A representation of information, knowledge,
facts, concepts or instructions which is being prepared or has
been prepared and is intended to be processed, is being
processed or has been processed in a computer or computer
network and may be in any form, whether readable only by a
computer or only by a human or by either, including, but not
limited to, computer printouts, magnetic storage media, punched
card or stored internally in the memory of the computer.
"Computer network." The interconnection of two or more
computers through the usage of satellite, microwave, line or
other communication medium.
"Computer operation." Arithmetic, logical, monitoring,
storage or retrieval functions and any combination thereof,
including, but not limited to, communication with, storage of
data to or retrieval of data from any device or human hand
manipulation of electronic or magnetic impulses. In reference to
a particular computer, the term also includes any function for
which that computer was generally designed.
"Computer program." An ordered set of instructions or
statements and related data that, when automatically executed in
actual or modified form in a computer system, causes it to
perform specified functions.
"Computer software." A set of computer programs, procedures
or associated documentation concerned with the operation of a
computer system.
"Computer system." A set of related, connected or
unconnected computer equipment, devices and software.
"Computer virus." A computer program copied to, created on
or installed to a computer, computer network, computer program,
computer software or computer system without the informed
consent of the owner of the computer, computer network, computer
program, computer software or computer system that may replicate
itself and that causes or can cause unauthorized activities
within or by the computer, computer network, computer program,
computer software or computer system.
"Database." A representation of information, knowledge,
facts, concepts or instructions which are being prepared or
processed or have been prepared or processed in a formalized
manner and are intended for use in a computer, computer system
or computer network, including, but not limited to, computer
printouts, magnetic storage media, punched cards or data stored
internally in the memory of the computer.
"Denial-of-service attack." An explicit attempt to prevent
legitimate users of a service from using that service,
including, but not limited to:
(1) flooding a network, thereby preventing legitimate
network traffic;
(2) disrupting connections between two computers,
thereby preventing access to a service;
(3) preventing a particular person from accessing a
service; or
(4) disrupting service to a specific computer system or
person.
"Deprive." To withhold property of another permanently or
for so extended a period as to appropriate a major portion of
its economic value, or with intent to restore only upon payment
of reward or other compensation, or to dispose of the property
so as to make it unlikely that the owner will recover it.
"Economic value." The market value of property or an
instrument which creates, releases, discharges or otherwise
affects a valuable legal right, privilege or obligation at the
time and place of the crime or, if such cannot be satisfactorily
ascertained, the cost of replacement of the property or
instrument within a reasonable time after the crime.
"Electronic mail service provider." A person who is an
intermediary in sending or receiving electronic mail or who
provides to end-users of electronic mail services the ability to
send or receive electronic mail.
"Electronic mail transmission information." Information used
to identify the origin or destination of a transmission or to
aid in its routing, including information recorded as part of
electronic mail whether or not such information is displayed
initially to the user upon receipt of electronic mail, that
purports to represent the information used to identify the
origin or destination of a transmission or to aid in its
routing.
"Established business relationship." A prior or existing
relationship formed by a voluntary two-way communication
initiated by a person or entity and a recipient with or without
an exchange of consideration, on the basis of an inquiry,
application purchase or transaction by the recipient regarding
products or services offered by such persons or entity. In
regard to an inquiry, the person or entity shall obtain the
consent of a recipient beyond the initial inquiry. An
established business relationship does not exist if the
recipient requests to be removed from the distribution lists of
an initiator.
"Fax." The transmission of the facsimile of a document
through a connection with a telephone or computer network.
"Financial instrument." Includes, but is not limited to, any
check, draft, warrant, money order, note, certificate of
deposit, letter of credit, bill of exchange, credit or debit
card, transaction authorization mechanism, marketable security
or any computer system representation thereof.
"Internet service provider." A person who furnishes a
service that enables users to access content, information,
electronic mail or other services offered over the Internet.
"Person." Any individual, corporation, partnership,
association, organization or entity capable of holding a legal
or beneficial interest in property.
"Property." Includes, but is not limited to, financial
instruments, computer software and programs in either machine or
human readable form, and anything of value, tangible or
intangible.
"Telecommunication device." Any type of instrument, device,
machine or equipment which is capable of transmitting,
acquiring, decrypting or receiving any telephonic, electronic,
data, Internet access, audio, video, microwave or radio
transmissions, signals, communications or services, including
the receipt, acquisition, transmission or decryption of all such
communications, transmissions, signals or services over any
cable television, telephone, satellite, microwave, radio or
wireless distribution system or facility, or any part, accessory
or component thereof, including any computer circuit, security
module, smart card, software, computer chip, electronic
mechanism or other component, accessory or part which is capable
of facilitating the transmission, decryption, acquisition or
reception of all such communications transmissions, signals or
services.
"Wireless advertisement." The initiation of a telephone call
or a message capable of providing text, graphic or image
messages by a commercial mobile service provider, unlicensed
wireless services provider or common carrier wireless exchange
access service provider for the purpose of marketing goods or
services. The term does not include a call or message to a
person with that person's prior express invitation or permission
or to a person with whom the caller has an established business
relationship.
"World Wide Web." Includes, but is not limited to, a
computer server-based file archive accessible over the Internet,
using a hypertext transfer protocol, file transfer protocol or
other similar protocols.
§ 7602. Jurisdiction.
An offense under this chapter may be deemed to have been
committed either at the place where conduct constituting an
element of the offense occurred or at the place where the result
which is an element of the offense occurred within this
Commonwealth in accordance with section 102 (relating to
territorial applicability). It shall be no defense to a
violation of this chapter that some of the acts constituting the
offense occurred outside of this Commonwealth.
§ 7603. Restitution.
Upon conviction of an offense under section 7611 (relating to
unlawful use of computer and other computer crimes), 7612
(relating to disruption of service) or 7616 (relating to
distribution of computer virus), the sentence shall include an
order for restitution to the victim for:
(1) the cost of repairing or replacing the affected
computer, computer system, computer network, computer
software, computer program, computer database, World Wide Web
site or telecommunication device;
(2) lost profits for the period that the computer,
computer system, computer network, computer software,
computer program, computer database, World Wide Web site or
telecommunication device is not usable; or
(3) the cost of replacing or restoring the data lost or
damaged as a result of a violation of section 7611, 7612 or
7616.
§ 7604. Concurrent jurisdiction.
The Attorney General shall have concurrent prosecutorial
jurisdiction with the county district attorney for violations of
this chapter. No person charged with a violation of this section
by the Attorney General shall have standing to challenge the
authority of the Attorney General to prosecute the case, and, if
any such challenge is made, the challenge shall be dismissed and
no relief shall be available in the courts of this Commonwealth
to the person making the challenge.
§ 7605. Defense.
It is a defense to an action brought pursuant to Subchapter B
(relating to hacking and similar offenses) that the actor:
(1) was entitled by law or contract to engage in the
conduct constituting the offense; or
(2) reasonably believed that he had the authorization or
permission of the owner, lessee, licensee, authorized holder,
authorized possessor or agent of the computer, computer
network, computer software, computer system, database or
telecommunication device or that the owner or authorized
holder would have authorized or provided permission to engage
in the conduct constituting the offense. As used in this
section, the term "authorization" includes express or implied
consent, including by trade usage, course of dealing, course
of performance or commercial programming practices.
§ 7606. Construction.
Nothing in Subchapter B (relating to hacking and similar
offenses) shall be construed to interfere with or prohibit terms
or conditions in a contract or license related to a computer,
computer network, computer software, computer system, database
or telecommunication device or software or hardware designed to
allow a computer, computer network, computer software, computer
system, database or telecommunications device to operate in the
ordinary course of a lawful business or that is designed to
allow an owner or authorized holder of information to protect
data information or rights in it.
SUBCHAPTER B
HACKING AND SIMILAR OFFENSES
Sec.
7611. Unlawful use of computer and other computer crimes.
7612. Disruption of service.
7613. Computer theft.
7614. Unlawful duplication.
7615. Computer trespass.
7616. Distribution of computer virus.
§ 7611. Unlawful use of computer and other computer crimes.
(a) Offense defined.--A person commits the offense of
unlawful use of a computer if he:
(1) accesses or exceeds authorization to access, alters,
damages or destroys any computer, computer system, computer
network, computer software, computer program, computer
database, World Wide Web site or telecommunication device or
any part thereof with the intent to interrupt the normal
functioning of a person or to devise or execute any scheme or
artifice to defraud or deceive or control property or
services by means of false or fraudulent pretenses,
representations or promises;
(2) intentionally and without authorization accesses or
exceeds authorization to access, alters, interferes with the
operation of, damages or destroys any computer, computer
system, computer network, computer software, computer
program, computer database, World Wide Web site or
telecommunication device or any part thereof; or
(3) intentionally or knowingly and without authorization
gives or publishes a password, identifying code, personal
identification number or other confidential information about
a computer, computer system, computer network, computer
database, World Wide Web site or telecommunication device.
(b) Grading.--An offense under this section shall constitute
a felony of the third degree.
(c) Prosecution not prohibited.--Prosecution for an offense
under this section shall not prohibit prosecution under any
other section of this title.
§ 7612. Disruption of service.
(a) Offense defined.--A person commits an offense if he
intentionally or knowingly engages in a scheme or artifice,
including, but not limited to, a denial of service attack upon
any computer, computer system, computer network, computer
software, computer program, computer server, computer database,
World Wide Web site or telecommunication device or any part
thereof that is designed to block, impede or deny the access of
information or initiation or completion of any sale or
transaction by users of that computer, computer system, computer
network, computer software, computer program, computer server or
database or any part thereof.
(b) Grading.--An offense under this section shall constitute
a felony of the third degree.
§ 7613. Computer theft.
(a) Offense defined.--A person commits an offense if he
unlawfully accesses or exceeds his authorization to access any
data from a computer, computer system or computer network or
takes or copies any supporting documentation whether existing or
residing internal or external to a computer, computer system or
computer network of another with the intent to deprive him
thereof.
(b) Grading.--An offense under this section shall constitute
a felony of the third degree.
§ 7614. Unlawful duplication.
(a) Offense defined.--A person commits the offense of
unlawful duplication if he makes or causes to be made an
unauthorized copy, in any form, including, but not limited to,
any printed or electronic form of computer data, computer
programs or computer software residing in, communicated by or
produced by a computer or computer network.
(b) Grading.--An offense under subsection (a) shall be
graded as follows:
(1) An offense under this section shall constitute a
felony of the third degree.
(2) If the economic value of the duplicated material is
greater than $2,500, the grading of the offense shall be one
grade higher than specified in paragraph (1).
§ 7615. Computer trespass.
(a) Offense defined.--A person commits the offense of
computer trespass if he knowingly and without authority or in
excess of given authority uses a computer or computer network
with the intent to:
(1) temporarily or permanently remove computer data,
computer programs or computer software from a computer or
computer network;
(2) cause a computer to malfunction, regardless of the
amount of time the malfunction persists;
(3) alter or erase any computer data, computer programs
or computer software;
(4) effect the creation or alteration of a financial
instrument or of an electronic transfer of funds; or
(5) cause physical injury to the property of another.
(b) Grading.--An offense under this section shall constitute
a felony of the third degree.
§ 7616. Distribution of computer virus.
(a) Offense defined.--A person commits an offense if the
person intentionally or knowingly sells, gives or otherwise
distributes or possesses with the intent to sell, give or
distribute computer software or a computer program that is
designed or has the capability to:
(1) prevent, impede, control, delay or disrupt the
normal operation or use of a computer, computer program,
computer software, computer system, computer network,
computer database, World Wide Web site or telecommunication
device; or
(2) degrade, disable, damage or destroy the performance
of a computer, computer program, computer software, computer
system, computer network, computer database, World Wide Web
site or telecommunication device or any combination thereof.
(b) Grading.--An offense under this section shall constitute
a felony of the third degree.
SUBCHAPTER C
INTERNET CHILD PORNOGRAPHY
Sec.
7621. Definitions.
7622. Duty of Internet service provider.
7623. Protection of privacy.
7624. Penalty.
7625. Jurisdiction for prosecution.
7626. Application for order to remove or disable items.
7627. Order to remove or disable certain items from Internet
service provider's service.
7628. Notification procedure.
7629. Designated agent.
7630. Report to General Assembly.
§ 7621. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Child pornography." As described in section 6312 (relating
to sexual abuse of children).
"Internet." The myriad of computer and telecommunications
facilities, including equipment and operating software, which
comprise the interconnected worldwide network of networks that
employ the transmission control protocol/Internet protocol or
any predecessor or successor protocols to such protocol to
communicate information of all kinds by wire or radio.
"Internet service provider." A person who provides a service
that enables users to access content, information, electronic
mail or other services offered over the Internet.
§ 7622. Duty of Internet service provider.
An Internet service provider shall remove or disable access
to child pornography items residing on or accessible through its
service in a manner accessible to persons located within this
Commonwealth within five business days of when the Internet
service provider is notified by the Attorney General pursuant to
section 7628 (relating to notification procedure) that child
pornography items reside on or are accessible through its
service.
§ 7623. Protection of privacy.
Nothing in this subchapter may be construed as imposing a
duty on an Internet service provider to actively monitor its
service or affirmatively seek evidence of illegal activity on
its service.
§ 7624. Penalty.
Notwithstanding any other provision of law to the contrary,
any Internet service provider who violates section 7622
(relating to duty of Internet service provider) commits:
(1) A misdemeanor of the third degree for a first
offense punishable by a fine of $5,000.
(2) A misdemeanor of the second degree for a second
offense punishable by a fine of $20,000.
(3) A felony of the third degree for a third or
subsequent offense punishable by a fine of $30,000 and
imprisonment for a maximum of seven years.
§ 7625. Jurisdiction for prosecution.
The Attorney General shall have concurrent prosecutorial
jurisdiction with the county district attorney for violations of
this subchapter. No person charged with a violation of this
subchapter by the Attorney General shall have standing to
challenge the authority of the Attorney General to prosecute the
case. If a challenge is made, the challenge shall be dismissed
and no relief shall be available in the courts of this
Commonwealth to the person making the challenge.
§ 7626. Application for order to remove or disable items.
An application for an order of authorization to remove or
disable items residing on or accessible through an Internet
service provider's service shall be made to the court of common
pleas having jurisdiction in writing upon the personal oath or
affirmation of the Attorney General or a district attorney of
the county wherein the items have been discovered and, if
available, shall contain all of the following information:
(1) A statement of the authority of the applicant to
make the application.
(2) A statement of the identity of the investigative or
law enforcement officer that has, in the official scope of
that officer's duties, discovered the child pornography
items.
(3) A statement by the investigative or law enforcement
officer who has knowledge of relevant information justifying
the application.
(4) The Uniform Resource Locator providing access to the
items.
(5) The identity of the Internet service provider used
by the law enforcement officer.
(6) A showing that there is probable cause to believe
that the items constitute a violation of section 6312
(relating to sexual abuse of children).
(7) A proposed order of authorization for consideration
by the judge.
(8) Contact information for the Office of Attorney
General, including the name, address and telephone number of
any deputy or agent authorized by the Attorney General to
submit notification.
(9) Additional testimony or documentary evidence in
support of the application as the judge may require.
§ 7627. Order to remove or disable certain items from Internet
service provider's service.
Upon consideration of an application, the court may enter an
order, including an ex parte order as requested, advising the
Attorney General or a district attorney that the items
constitute probable cause evidence of a violation of section
6312 (relating to sexual abuse of children) and that such items
shall be removed or disabled from the Internet service
provider's service. The court may include such other information
in the order as the court deems relevant and necessary.
§ 7628. Notification procedure.
(a) Duty of Attorney General.--The Attorney General shall
have exclusive jurisdiction to notify Internet service providers
under this subchapter. The Attorney General shall initiate
notification under this subchapter if requested in writing by a
district attorney who has provided the Attorney General with a
copy of an application made under section 7626 (relating to
application to remove or disable items) and a copy of the order
issued under section 7627 (relating to order to remove or
disable certain items from Internet service provider's service)
or upon the issuance of an order based upon an application filed
by the Attorney General.
(b) Timely notification.--For purposes of this section, an
Internet service provider or the person designated by the
Internet service provider as provided for in section 7629
(relating to designated agent) shall be notified in writing by
the Attorney General within three business days of the Attorney
General's receipt of an order.
(c) Contents.--The notice shall include the following
information:
(1) A copy of the application made under section 7626.
(2) A copy of the court order issued under section 7627.
(3) Notification that the Internet service provider must
remove or disable the items residing on or accessible through
its service within five business days of the date of receipt
of the notification.
(4) Contact information for the Office of Attorney
General, including the name, address and telephone number of
any deputy or agent authorized by the Attorney General to
submit notification pursuant to this subsection.
§ 7629. Designated agent.
An Internet service provider may designate an agent to
receive notification provided under section 7628 (relating to
notification procedure).
§ 7630. Report to General Assembly.
The Attorney General shall make an annual report to the
chairman and minority chairman of the Judiciary Committee of the
Senate and to the chairman and minority chairman of the
Judiciary Committee of the House of Representatives providing
information on the number of notifications issued and the
prosecutions made under this subchapter and making any
recommendations for amendatory language.
SUBCHAPTER E
ELECTRONIC MAIL
Sec.
7661. Unlawful transmission of electronic mail.
§ 7661. Unlawful transmission of electronic mail.
(a) Offense defined.--A person commits the offense of
unlawful transmission of electronic mail if he:
(1) Uses a computer or computer network without
authority and with the intent to falsify or forge electronic
mail transmission information or other routine information in
any manner in connection with the transmission of unsolicited
electronic mail through or into the computer network of an
electronic mail service provider, Internet service provider
or its subscribers.
(2) Sells, gives or otherwise distributes or possesses
with the intent to sell, give or distribute computer software
which:
(i) is primarily designed or produced for the
purpose of facilitating or enabling the falsification of
electronic mail transmission information or other routing
information;
(ii) has only limited commercially significant
purpose or use other than to facilitate or to enable the
falsification of electronic mail transmission information
or other routing information; or
(iii) is marketed by that person or another person
acting in concert with that person with that person's
knowledge for the use in facilitating or enabling the
falsification of electronic mail transmission information
or other routing information.
(b) Grading.--
(1) Except as provided in paragraphs (2) and (3),
unlawful transmission of electronic mail is a misdemeanor of
the third degree punishable by a fine of not more than
$2,500.
(2) If there is damage to the property of another valued
at $2,500 or more caused by that person's reckless disregard
for the consequences of his act in violation of this section,
unlawful transmission of electronic mail is a misdemeanor of
the first degree punishable by a fine of not more than
$10,000.
(3) If there is damage to the property of another valued
at $2,500 or more caused by that person's malicious act in
violation of this section, unlawful transmission of
electronic mail is a felony of the third degree punishable by
a fine of not more than $15,000.
(c) Rights preserved.--Nothing in this section shall be
construed to:
(1) Establish any liability by reason of terms or
conditions adopted by or technical measures implemented by an
electronic mail service provider or Internet service provider
doing business in this Commonwealth to prevent the
transmission of unsolicited electronic mail in violation of
this section.
(2) Interfere with or prohibit terms or conditions in a
contract or license related to computers, computer data,
computer networks, computer operations, computer programs,
computer services or computer software.
(d) Definitions.--As used in this section, the term
"electronic mail" shall include facsimiles and wireless
advertisements in addition to other electronic mail.
Section 4. This act shall take effect in 60 days.
APPROVED--The 16th day of December, A. D. 2002.
MARK S. SCHWEIKER
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