PRINTER'S NO. 586
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
548
Session of
2017
INTRODUCED BY SCHWANK, HUGHES, COSTA, EICHELBERGER, SABATINA,
BREWSTER, FONTANA, YUDICHAK AND RAFFERTY, MARCH 24, 2017
REFERRED TO JUDICIARY, MARCH 24, 2017
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in other offenses, providing for the offense of
prohibited distribution of a private image; and, in
particular rights and immunities, further providing for
damages in actions for unlawful dissemination of intimate
image.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 7507.2. Prohibited distribution of a private image.
(a) Offense defined.--No person, without permission or
authority, shall knowingly or recklessly disseminate or
distribute from the possession or control of another person,
including from a computer, computer system, computer network,
electronic device or electronic storage system, a visual
depiction of the other person in a state of full or partial
nudity or engaged in sexual conduct.
(b) Grading.--The following shall apply:
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(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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"Sexual conduct." As defined under section 5903(e) (relating
to obscene and other sexual materials and performances).
"Visual depiction." As defined under section 6321(g).
Section 2. Section 8316.1 heading and (a) of Title 42 are
amended to read:
§ 8316.1. Damages in actions for unlawful dissemination of
intimate image and prohibited distribution of a
private image.
(a) Cause of action established.--A person may bring a civil
cause of action based upon unlawful dissemination of intimate
image, as defined in 18 Pa.C.S. § 3131 (relating to unlawful
dissemination of intimate image), or prohibited distribution of
a private image, as defined in 18 Pa.C.S. § 7507.2 (relating to
prohibited distribution of a private image), in order to recover
damages for any loss or injury sustained as a result of the
violation.
* * *
Section 3. This act shall take effect in 60 days.
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