AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in offenses against public decency,
3providing for the offense of Internet posting of criminal
4activity; and imposing a penalty.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 5905. Internet posting of criminal activity.

10(a) Offense defined.--A person commits an offense under this
11section if the person posts on a publicly accessible Internet
12website any photograph, film, videotape or similar recording of
13the identifiable image of any person engaged in activity that
14would constitute a "personal injury crime" as defined in section
15103 of the act of November 24, 1998 (P.L.882, No.111), known as
16the Crime Victims Act.

17(b) Applicability.--It shall not be an offense under this
18section for any of the following to post information prohibited
19under this section:

1(1) A law enforcement agency.

2(2) A bona fide news organization.

3(c) Grading.--An offense under this section is:

4(1) Except as set forth in paragraph (2), a misdemeanor
5of the second degree.

6(2) A misdemeanor of the first degree when the person
7depicted is an individual under 18 years of age or an
8individual 65 years of age or older.

9Section 2. This act shall take effect in 60 days.