THE GENERAL
ASSEMBLY OF PENNSYLVANIA
HOUSE BILL No. 452
Session of 2013
PA HB452 on
Unmanned Aerial Vehicle (UAV)
INTRODUCED BY PYLE, KNOWLES,
METCALFE, BROOKS, MOUL, SACCONE, TALLMAN, M. K. KELLER, CUTLER, HARHAI,
AUMENT, SAYLOR, KAUFFMAN, HICKERNELL, SWANGER, EMRICK, DUNBAR, O'NEILL,
PICKETT, MILLARD, MAJOR, GRELL, BAKER, REESE, EVERETT, BOBACK, HESS,
KORTZ, FLECK, C. HARRIS, READSHAW, OBERLANDER, CLYMER, ROCK, GROVE,
HEFFLEY, MARSICO AND MURT, JANUARY 30, 2013
REFERRED TO COMMITTEE ON
JUDICIARY, JANUARY 30, 2013
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).
"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.
Note: Homeland Surveillance & Electronics LLC
Mission is also to protect the privacy rights of the individuals and to work
with government agencies, organizations and businesses to help insure that those rights are not infringed.
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