(1) Except as provided under paragraph (2), a violation
of subsection (a) is a misdemeanor of the third degree.
(2) A violation of subsection (a) is a misdemeanor of
the first degree when the victim is a minor or the offender
has previously been convicted under this section or a similar
provision in another jurisdiction.
(c) Concurrent jurisdiction to prosecute.--In addition to
the powers and duties conferred by the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act, the
Attorney General may investigate and prosecute an act or
continuing series of acts in violation of this section that
involve multiple counties or a foreign state.
(d) Territorial applicability.--A person may be convicted
under the provisions of this section if either the victim or the
offender is located within this Commonwealth.
(e) Nonapplicability.--This section shall not apply to a law
enforcement officer performing the law enforcement officer's
official duties.
(f) 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:
"Disseminate." As defined under section 6321(g) (relating to
transmission of sexually explicit images by minor).
"Distribute." To deliver or pass on to a third person,
including by providing an electronic address or other means of
direct access to a visual depiction on a computer, computer
system, computer network, electronic device or electronic
storage system.
"Full or partial nudity." As defined under section 7507.1
(relating to invasion of privacy).
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