Bill Text: PA HB271 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Providing for the offense of bullying.

Spectrum: Moderate Partisan Bill (Democrat 22-7)

Status: (Introduced - Dead) 2011-01-27 - Referred to JUDICIARY [HB271 Detail]

Download: Pennsylvania-2011-HB271-Introduced.html

---

PRINTER'S NO. 224
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 271 Session of2011
INTRODUCED BY M. O'BRIEN, CALTAGIRONE, KAVULICH, CLYMER, BOBACK, CONKLIN, D. COSTA, DAVIS, DeLUCA, FRANKEL, GILLESPIE, GOODMAN, HARKINS, JOSEPHS, KIRKLAND, KORTZ, KOTIK, MANN, MURPHY, K. SMITH, SWANGER, WATSON AND YOUNGBLOOD, JANUARY 27, 2011
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 27, 2011
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, providing for the offense of bullying.
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:
§ 2709.2. Bullying.
(a) Offense defined.--A person commits the offense of
bullying when the person commits a defined crime with the intent
to:
(1) harass, annoy, alarm or intimidate another
individual or group of individuals; or
(2) place another individual or group of individuals in
fear of personal injury or property damage.
(b) Grading.--
(1) Except as provided under paragraph (2), an offense
under subsection (a)(1) or (2) committed by a person under 18
years of age shall constitute a summary offense.
(2) A third or subsequent offense under subsection
(a)(1) or (2) committed by a person under 18 years of age
shall constitute a misdemeanor of the third degree.
(3) Except as provided under paragraph (4), an offense
under subsection (a)(1) or (2) committed by a person 18 years
of age or older shall constitute a misdemeanor of the third
degree.
(4) A third or subsequent offense under subsection
(a)(1) or (2) committed by a person 18 years of age or older
shall constitute a misdemeanor of the second degree.
(c) False report.--A person who knowingly gives false
information to a law enforcement officer with the intent to
implicate a person under this section commits a offense under
section 4906 (relating to false reports to law enforcement
authorities).
(d) Venue.--
(1) An offense committed under this section may be
deemed to have been committed at either the place at which
the communications or actions were made or at the place where
the communications or actions were received.
(2) Acts indicating a course of conduct that occur in
more than one jurisdiction may be used by any other
jurisdiction in which an act occurred as evidence of a
continuing pattern of conduct or a course of conduct.
(e) Application of section.--This section shall not apply to
conduct by a party to a labor dispute as defined in the act of
June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
Injunction Act, or to any constitutionally protected activity.
20110HB0271PN0224 - 2 -
(f) 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:
"Defined crime." An offense under any other provision of
this section or under Chapters 33 (relating to arson, criminal
mischief and other property destruction), exclusive of section
3307 (relating to institutional vandalism), 35 (relating to
burglary and other criminal intrusion), exclusive of section
3503 (relating to criminal trespass), 41 (relating to forgery
and fraudulent practices), 57 (relating to wiretapping and
electronic surveillance), 75 (relating to other offenses) and 76
(relating to computer offenses).
Section 2. This act shall take effect in 60 days.
20110HB0271PN0224 - 3 -