PRIOR PRINTER'S NO. 1967
PRINTER'S NO. 2330
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1736
Session of
2021
INTRODUCED BY R. MACKENZIE, BROOKS, CIRESI, HILL-EVANS, NEILSON,
ROTHMAN, RYAN, SAMUELSON, JOZWIAK AND ZIMMERMAN,
JULY 30, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 27, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in other offenses, providing for
prohibition against publishing or disseminating booking
photographs for commercial use.
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:
§ 7518. Prohibition against publishing or disseminating booking
photographs for commercial use.
(a) Offense defined.--A person is guilty of a misdemeanor of
the second degree if the person:
(1) is engaged in publishing or otherwise disseminating
a booking photograph taken in accordance with 61 Pa.C.S. §
1103 (related to recording system for identification of
criminal offenders); and
(2) solicits or accepts the payment of a fee or other
consideration to remove, correct, modify or refrain from
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publishing or otherwise disseminating the booking photograph.
(b) Separate violations.-- Each payment or other
consideration solicited or accepted in violation of this section
constitutes a separate violation.
(C) VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW.--C ONDUCT THAT WOULD CONSTITUTE AN OFFENSE UNDER
THIS SECTION SHALL BE DEEMED TO BE A VIOLATION OF THE ACT OF
DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR TRADE
PRACTICES AND CONSUMER PROTECTION LAW.
(D) VENUE.--AN OFFENSE COMMITTED UNDER THIS SECTION IS
DEEMED TO HAVE BEEN COMMITTED WHERE THE SOLICITATION OR
ACCEPTANCE OF A FEE OR OTHER CONSIDERATION WAS MADE OR RECEIVED.
(E) TERRITORIAL APPLICABILITY.--A PERSON MAY BE CONVICTED
UNDER THE PROVISIONS OF THIS SECTION IF THE VICTIM OR OFFENDER
IS LOCATED WITHIN THIS COMMONWEALTH.
(c) (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:
"Booking photograph." A photograph or image of an individual
generated by law enforcement for identification purposes in
accordance with 61 Pa.C.S. § 1103.
Section 2. This act shall take effect in 60 days.
20210HB1736PN2330 - 2 -
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