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

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

2(1) A <-felony of the third misdemeanor of the first
3degree when the person depicted is a minor.

4(2) A misdemeanor of the <-third second degree when the
5person depicted is not a minor.

<-6(d) Applicability.--This section shall not apply to any
7activity described in section 6321 (relating to transmission of
8sexually explicit images by minor).

<-9(d) (e) Definition.--As used in this section, the term
10"nude" shall have the meaning provided under section 5903(b)
11(relating to obscene and other sexual materials and

13Section 2. This act shall take effect in 60 days.


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