AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in assault, providing for intimate
3partner harassment.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 2709.2. Intimate partner harassment.

9(a) Offense defined.--A person commits the crime of intimate
10partner harassment by exposing a photograph, film, videotape or
11similar recording of the identifiable image of an intimate
12partner who is nude or explicitly engaged in a sexual act to the
13view of a third party for no legitimate purpose and with the
14intent to harass, annoy or alarm the person depicted.

15(b) Affirmative defense.--It shall not be an offense under
16this section for a person to expose an image with the consent of
17the person depicted.

18(c) Grading.--An offense under this section shall be:

1(1) A felony of the third degree when the person
2depicted is a minor.

3(2) A misdemeanor of the third degree when the person
4depicted is not a minor.

5(d) Definition.--As used in this section, the term "nude"
6shall have the meaning provided under section 5903(b) (relating
7to obscene and other sexual materials and performances).

8Section 2. This act shall take effect in 60 days.