PRINTER'S NO. 923
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
780
Session of
2015
INTRODUCED BY PAYNE, BAKER, READSHAW, ACOSTA, D. COSTA, DeLUCA,
DIAMOND, EVERETT, GILLEN, KORTZ, MALONEY, MOUL, MURT AND
ROZZI, MARCH 13, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 13, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in computer offenses, providing for
misuse of a Commonwealth computer, computer network or
cellular phone.
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:
ยง 7642. Misuse of Commonwealth computer, computer network or
cellular phone.
(a) Offense defined.--
(1) Except as authorized or required by his or her
official duties, an employee of the Commonwealth commits a
misdemeanor of the third degree if the employee knowingly
utilizes a Commonwealth-owned computer, computer network or
cellular phone to display, disseminate, view, access,
transfer, transmit or retransmit a photograph, video or other
visual depiction of explicit sexual materials.
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(2) Nothing under this section may supersede a
prosecution for conduct prohibited under section 6312
(relating to sexual abuse of children) or 5903 (relating to
obscene and other sexual materials and performances).
(b) Defense.--It shall be a defense under this section that
the employee received the prohibited depiction and viewed the
prohibited depiction without prior knowledge of the prohibited
depiction's contents, did not retransmit the prohibited
depiction and immediately reported the receipt of the prohibited
depiction to the employee's immediate supervisor.
(c) 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:
"Explicit sexual materials." Any image of a person or
portion of the human body which depicts nudity or sexual
conduct.
"Nudity." Showing of the human male or female genitals,
pubic area or buttocks with less than a fully opaque covering
or showing the female breast with less than a fully opaque
covering of any portion of the female breast below the top of
the nipple.
"Sexual conduct." Sexual intercourse, anal or oral sodomy,
sexual bestiality, masturbation, excretory functions or
sadomasochistic abuse.
Section 2. This act shall take effect in 60 days.
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