See other bills
under the
same topic
PRIOR PRINTER'S NO. 1644
PRINTER'S NO. 1679
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1213
Session of
2024
INTRODUCED BY PENNYCUICK, DILLON, BOSCOLA, KANE, TARTAGLIONE,
BREWSTER, LANGERHOLC, PHILLIPS-HILL, HAYWOOD, BROWN, SCHWANK,
SANTARSIERO, VOGEL, ROBINSON, MILLER AND BARTOLOTTA,
MAY 29, 2024
SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 4, 2024
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in sexual offenses, further providing
for the offense of unlawful dissemination of intimate image;
and, in minors, further providing for the offense of sexual
abuse of children and for the offense of transmission of
sexually explicit images by minor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3131(a) and (c) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and subsection
(g) is amended by adding definitions to read:
§ 3131. Unlawful dissemination of intimate image.
(a) Offense defined.--Except as provided in sections 5903
(relating to obscene and other sexual materials and
performances), 6312 (relating to sexual abuse of children) and
6321 (relating to transmission of sexually explicit images by
minor), a person commits the offense of unlawful dissemination
of intimate image if, with intent to harass, annoy or alarm [a
current or former sexual or intimate partner] ANOTHER, the
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
person disseminates [a visual depiction of the current or former
sexual or intimate partner in a state of nudity or engaged in
sexual conduct.]:
(1) A visual depiction of the current or former sexual
or intimate partner in a state of nudity or engaged in sexual
conduct.
(2) An artificially generated SEXUAL depiction of an
individual , with intent to harass, annoy or alarm an
individual .
* * *
(c) Grading.--[An offense under subsection (a) shall be:]
(1) An offense under subsection (a)(1) shall be:
[(1)] (i) A misdemeanor of the first degree, when the
person depicted is a minor.
[(2)] (ii) A misdemeanor of the second degree, when the
person depicted is not a minor.
(2) An offense under subsection (a)(2) shall be:
(i) A felony of the third MISDEMEANOR OF THE FIRST
degree, when the person depicted is a minor.
(ii) A misdemeanor of the first SECOND degree, when
the person depicted is not a minor.
* * *
(g) 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:
"Artificial intelligence." Any of the following:
(1) An artificial system that performs tasks under
varying and unpredictable circumstances without significant
human oversight or that can learn from experience and improve
performance when exposed to data sets.
20240SB1213PN1679 - 2 -
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) An artificial system developed in computer software,
physical hardware or other context that solves tasks
requiring human-like perception, cognition, planning,
learning, communication or physical action.
(3) An artificial system designed to think or act like a
human, including cognitive architectures and neural networks.
(4) A set of techniques, including machine learning,
that is designed to approximate a cognitive task.
(5) An artificial system designed to act rationally,
including an intelligent software agent or embodied robot
that achieves goals using perception, planning, reasoning,
learning, communicating, decision making and acting.
"ARTIFICIAL INTELLIGENCE."
(1) A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF
HUMAN-DEFINED OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS
OR DECISIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS,
INCLUDING THE ABILITY TO:
(I) PERCEIVE REAL AND VIRTUAL ENVIRONMENTS;
(II) ABSTRACT PERCEPTIONS MADE UNDER PARAGRAPH (1)
INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER; AND
(III) USE MODEL INFERENCE TO FORMULATE OPTIONS FOR
INFORMATION OR ACTION BASED ON OUTCOMES UNDER
SUBPARAGRAPHS (I) AND (II).
(2) THE TERM INCLUDES GENERATIVE ARTIFICIAL
INTELLIGENCE.
"Artificially generated SEXUAL depiction." A visual
depiction:
(1) that appears to authentically depict an individual
in a state of nudity or engaged in sexual conduct that did
not occur in reality; and
20240SB1213PN1679 - 3 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) the production of which was substantially dependent
upon technical means, including artificial intelligence and
OR photo editing software, rather than the ability of another
person to physically impersonate the other person.
"GENERATIVE ARTIFICIAL INTELLIGENCE." THE CLASS OF MODELS
THAT EMULATE THE STRUCTURE AND CHARACTERISTICS OF INPUT DATA IN
ORDER TO GENERATE DERIVED SYNTHETIC CONTENT, INCLUDING
INFORMATION SUCH AS IMAGES, VIDEOS, AUDIO CLIPS OR TEXT, THAT
HAS BEEN SIGNIFICANTLY MODIFIED OR GENERATED BY ALGORITHMS,
INCLUDING BY ARTIFICIAL INTELLIGENCE.
* * *
"Photo editing software." A software used primarily for
editing photographs, videos or computer depictions that contains
a variety of filters, effects or tools that can be used to
manipulate photographs, videos or computer depictions.
* * *
Section 2. Section 6312(c), (d), (f)(3) and (g) of Title 18
are amended to read:
§ 6312. Sexual abuse of children.
* * *
(c) Dissemination of photographs, videotapes, computer
depictions and films.--Any person who knowingly sells,
distributes, delivers, disseminates, transfers, displays or
exhibits to others, or who possesses for the purpose of sale,
distribution, delivery, dissemination, transfer, display or
exhibition to others, any artificially generated depiction or
[book, magazine, pamphlet, slide, photograph, film, videotape,
computer depiction or other material depicting a child under the
age of 18 years engaging in a prohibited sexual act or in the
simulation of such act] CHILD SEXUAL ABUSE MATERIAL OR
20240SB1213PN1679 - 4 -
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ARTIFICIALLY GENERATED CHILD SEXUAL ABUSE MATERIAL commits an
offense.
(d) Child [pornography] SEXUAL ABUSE MATERIAL.--Any person
who intentionally views or knowingly possesses or controls any
artificially generated depiction or [book, magazine, pamphlet,
slide, photograph, film, videotape, computer depiction or other
material depicting a child under the age of 18 years engaging in
a prohibited sexual act or in the simulation of such act] CHILD
SEXUAL ABUSE MATERIAL OR ARTIFICIALLY GENERATED CHILD SEXUAL
ABUSE MATERIAL commits an offense.
* * *
(f) Exceptions.--This section does not apply to any of the
following:
* * *
(3) An individual under 18 years of age who knowingly
views, photographs, videotapes, depicts on a computer or
films or possesses or intentionally views a visual depiction
OR AN ARTIFICIALLY GENERATED DEPICTION as defined in section
6321 or an artificially generated depiction of himself alone
in a state of nudity as defined in section 6321.
* * *
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Artificial intelligence." As defined in section 3131
(relating to unlawful dissemination of intimate image).
"Artificially generated depiction CHILD SEXUAL ABUSE
MATERIAL ." A book, magazine, pamphlet, slide, photograph,
videotape, film or , computer depiction OR OTHER MATERIAL :
(1) that appears to authentically depict a child under
20240SB1213PN1679 - 5 -
<--
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
18 years of age engaging in a prohibited sexual act or in the
simulation of such act that did not occur in reality; and
(2) the production of which was substantially dependent
upon technical means, including artificial intelligence and
OR photo editing software, rather than the ability of another
person to physically impersonate the child.
"CHILD SEXUAL ABUSE MATERIAL." A BOOK, MAGAZINE, PAMPHLET,
SLIDE, PHOTOGRAPH, FILM, VIDEOTAPE, COMPUTER DEPICTION OR OTHER
MATERIAL DEPICTING A CHILD UNDER 18 YEARS OF AGE ENGAGING IN A
PROHIBITED SEXUAL ACT OR IN THE SIMULATION OF A PROHIBITED
SEXUAL ACT.
"Intentionally views." The deliberate, purposeful, voluntary
viewing of material containing an artificially generated
depiction or depicting a child under 18 years of age engaging in
a prohibited sexual act or in the simulation of such act. The
term shall not include the accidental or inadvertent viewing of
such material.
"Photo editing software." As defined in section 3131.
"Prohibited sexual act." Sexual intercourse as defined in
section 3101 (relating to definitions), masturbation, sadism,
masochism, bestiality, fellatio, cunnilingus, lewd exhibition of
the genitals or nudity if such nudity is depicted for the
purpose of sexual stimulation or gratification of any person who
might view such depiction.
Section 3. The definition of "sexually explicit image" in
section 6321(g) of Title 18 is amended and the subsection is
amended by adding definitions to read:
§ 6321. Transmission of sexually explicit images by minor.
* * *
(g) Definitions.--As used in this section, the following
20240SB1213PN1679 - 6 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Artificial intelligence." As defined in section 3131
(relating to unlawful dissemination of intimate image).
"Artificially generated depiction." Any visual depiction:
(1) that appears to authentically depict a child under
18 years of age engaged in conduct or an action or state of
nudity that did not occur in reality; and
(2) the production of which was substantially dependent
upon technical means, including artificial intelligence and
photo editing software, rather than the ability of another
person to physically impersonate the child.
* * *
"Photo editing software." As defined in section 3131.
* * *
"Sexually explicit image." A lewd or lascivious visual
depiction or artificially generated depiction of a minor's
genitals, pubic area, breast or buttocks or nudity, if such
nudity is depicted for the purpose of sexual stimulation or
gratification of any person who might view such nudity.
* * *
Section 4. This act shall take effect in 60 days.
20240SB1213PN1679 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22