PRINTER'S NO. 1790
No. 1472 Session of 2005
INTRODUCED BY E. Z. TAYLOR, O'NEILL, SCHRODER, BARRAR, BOYD,
CALTAGIRONE, GILLESPIE, GINGRICH, GOOD, GOODMAN, HARHAI,
HENNESSEY, HERMAN, KILLION, MARSICO, METCALFE, PHILLIPS,
PICKETT, READSHAW, REICHLEY, ROBERTS, RUBLEY, SAYLOR,
SCAVELLO, SOLOBAY, THOMAS AND YOUNGBLOOD, MAY 2, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MAY 2, 2005
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for invasion of privacy and for
4 registration.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 7507.1(a) and (b) of Title 18 of the
8 Pennsylvania Consolidated Statutes are amended and the section
9 is amended by adding subsections to read:
10 § 7507.1. Invasion of privacy.
11 (a) Offense defined.--A person commits the offense of
12 invasion of privacy if [he] the person knowingly views,
13 photographs or films another person without that person's
14 knowledge and consent while the person being viewed,
15 photographed or filmed is in a state of full or partial nudity
16 and is in a place where the person would have a reasonable
17 expectation of privacy. [A separate violation of this section
1 shall occur:
2 (1) for each victim viewed, photographed or filmed
3 during the same course of conduct; or
4 (2) if a victim is viewed, photographed or filmed on
5 more than one occasion during a separate course of conduct
6 either individually or otherwise.]
7 (a.1) Invasion of privacy involving a minor.--A person
8 commits the offense of invasion of privacy involving a minor if
9 the person violates subsection (a) and the following apply:
10 (1) The complainant is less than 16 years of age.
11 (2) The person who violates subsection (a) is four or
12 more years older than the complainant.
13 (a.2) Invasion of privacy involving a child.--A person
14 commits the offense of invasion of privacy involving a child if
15 the person violates subsection (a) and the complainant is less
16 than 13 years of age.
17 (a.3) Separate violations.--For the purposes of this
18 section, a separate violation of this section shall occur:
19 (1) for each victim viewed, photographed or filmed
20 during the same course of conduct; or
21 (2) if a victim is viewed, photographed or filmed on
22 more than one occasion during a separate course of conduct
23 either individually or otherwise.
24 (b) Grading.--[Invasion of privacy]
25 (1) An offense under subsection (a) is a misdemeanor of
26 the second degree if there is more than one violation.
27 Otherwise, [a violation of this section] an offense under
28 subsection (a) is a misdemeanor of the third degree.
29 (2) An offense under subsection (a.1) is a felony of the
30 third degree if there is more than one violation. Otherwise,
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1 an offense under subsection (a.1) is a misdemeanor of the
2 first degree.
3 (3) An offense under subsection (a.2) is a felony of the
4 second degree if there is more than one violation. Otherwise,
5 an offense under subsection (a.2) is a felony of the third
6 degree.
7 * * *
8 Section 2. Section 9795.1(a)(1) of Title 42, amended
9 November 24, 2004 (P.L.1243, No.152), is amended to read:
10 § 9795.1. Registration.
11 (a) Ten-year registration.--The following individuals shall
12 be required to register with the Pennsylvania State Police for a
13 period of ten years:
14 (1) Individuals convicted of any of the following
15 offenses:
16 18 Pa.C.S. § 2901 (relating to kidnapping) where the
17 victim is a minor.
18 18 Pa.C.S. § 2910 (relating to luring a child into a
19 motor vehicle).
20 18 Pa.C.S. § 3124.2 (relating to institutional sexual
21 assault).
22 18 Pa.C.S. § 3126 (relating to indecent assault)
23 where the offense is a misdemeanor of the first degree.
24 18 Pa.C.S. § 4302 (relating to incest) where the
25 victim is 12 years of age or older but under 18 years of
26 age.
27 18 Pa.C.S. § 5902(b) (relating to prostitution and
28 related offenses) where the actor promotes the
29 prostitution of a minor.
30 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
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1 obscene and other sexual materials and performances)
2 where the victim is a minor.
3 18 Pa.C.S. § 6312 (relating to sexual abuse of
4 children).
5 18 Pa.C.S. § 6318 (relating to unlawful contact with
6 minor).
7 18 Pa.C.S. § 6320 (relating to sexual exploitation of
8 children).
9 18 Pa.C.S. § 7507.1 (relating to invasion of privacy)
10 where the offense is a felony.
11 * * *
12 Section 3. This act shall take effect in 60 days.
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