1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, in definition of sexual offenses, providing for
4unlawful dissemination of intimate image; and, in particular
5rights and immunities, providing for damages in actions for
6unlawful dissemination of intimate image.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Title 18 of the Pennsylvania Consolidated
10Statutes is amended by adding a section to read:

11§ 3131. Unlawful dissemination of intimate image.

12(a) Offense defined.--Except as provided in sections 5903
13(relating to obscene and other sexual material and
14performances), 6312 (relating to sexual abuse of children) and
156321 (relating to transmission of sexually explicit images by
16minor), a person commits the offense of unlawful dissemination
17of intimate image if, with intent to <-cause emotional distress to
18the person depicted, the person disseminates a visual depiction

1of another person <-harass, annoy or alarm a current or former
2sexual or intimate partner, the person disseminates a visual
3depiction of the current or former sexual or intimate partner in
4a state of nudity or engaged in sexual conduct.

5(b) Defense.--It is a defense to a prosecution under this
6section that the actor disseminated the visual depiction with
7the consent of the person depicted.

8(c) Grading.--<-A person who violates subsection (a) commits a
9misdemeanor of the third degree and shall, upon conviction, be
10sentenced to pay a fine of $1,000 or to imprisonment for not
11more than six months, or both. Each violation shall constitute a
12separate offense. <-An offense under subsection (a) shall be:

13(1) A misdemeanor of the first degree, when the person
14depicted is a minor.

15(2) A misdemeanor of the second degree, when the person
16depicted is not a minor.

17(d) Territorial applicability.--A person may be convicted
18under the provisions of this section if the victim or the
19offender is located within this Commonwealth.

20(e) Nonapplicability.--Nothing in this section shall be
21construed to apply to a law enforcement officer engaged in the
22performance of the law enforcement officer's official duties.

23(f) Concurrent jurisdiction to prosecute.--In addition to
24the authority conferred upon the Attorney General by the act of
25October 15, 1980 (P.L.950, No.164), known as the Commonwealth
26Attorneys Act, the Attorney General shall have the authority to
27investigate and to institute criminal proceedings for any
28violation of this section or any series of violations involving
29more than one county of this Commonwealth or another state. No
30person charged with a violation of this section by the Attorney

1General shall have standing to challenge the authority of the
2Attorney General to investigate or prosecute the case, and, if a
3challenge is made, the challenge shall be dismissed, and no
4relief shall be made available in the courts of this
5Commonwealth to the person making the challenge.

6(g) Definitions.--As used in this section, the following
7words and phrases shall have the meanings given to them in this
8subsection unless the context clearly indicates otherwise:

<-9"Emotional distress." As defined in section 2709.1 (relating
10to stalking).

11"Law enforcement officer." Any officer of the United States,
12of the Commonwealth or political subdivision thereof, or of
13another state or subdivision thereof, who is empowered to
14conduct investigations of or to make arrests for offenses
15enumerated in this title or an equivalent crime in another
16jurisdiction, and any attorney authorized by law to prosecute or
17participate in the prosecution of such offense.

<-18"Minor." An individual under 18 years of age.

19"Nudity." As defined in section 5903(e) (relating to obscene
20and other sexual materials and performances).

21"Sexual conduct." As defined in section 5903(e) (relating to
22obscene and other sexual materials and performances).

23"Visual depiction." As defined in section 6321 (relating to
24transmission of sexually explicit images by minor).

25Section 2. Title 42 is amended by adding a section to read:

26§ 8316.1. Damages in actions for unlawful dissemination of
27intimate image.

28(a) Cause of action established.--A person may bring a civil
29cause of action based upon unlawful dissemination of intimate
30image, as defined in 18 Pa.C.S. § 3131 (relating to unlawful

1dissemination of intimate image), in order to recover damages
2for any loss or injury sustained as a result of the violation.

3(b) Parties authorized to bring action.--An action may be
4brought by a natural person or a guardian of the natural person,
5if the person is incompetent.

6(c) Damages.--A court of competent jurisdiction may award
7damages as set forth in this subsection. In determining the
8extent of injury, the court shall consider that dissemination of
9an intimate image may cause long-term or permanent injury. The
10court may award:

11(1) Actual damages arising from the incident or $500,
12whichever is greater. Damages include loss of money,
13reputation or property, whether real or personal. The court
14may, in its discretion, award up to three times the actual
15damages sustained, but not less than $500.

16(2) Reasonable attorney fees and court costs.

17(3) Additional relief the court deems necessary and
18proper.

19(d) Other remedies preserved.--Nothing in this section shall
20be construed to limit the ability of a person to receive
21restitution under 18 Pa.C.S. § 1106 (relating to restitution for
22injuries to person or property).

23(e) Nonapplicability.--The provisions of this section shall
24not be applicable to a law enforcement officer engaged in the
25law enforcement officer's official duties.

26(f) Definition.--As used in this section, the term "law
27enforcement officer" means any officer of the United States, of
28the Commonwealth or political subdivision thereof, or of another
29state or subdivision thereof, who is empowered to conduct
30investigations of or to make arrests for offenses enumerated in

118 Pa.C.S. (relating to crimes and offenses), or an equivalent
2crime in another jurisdiction, and any attorney authorized by
3law to prosecute or participate in the prosecution of such
4offense.

5Section 3. This act shall take effect in 60 days.