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 in a state of nudity or engaged in sexual
2conduct.

3(b) Defense.--It is a defense to a prosecution under this
4section that the actor disseminated the visual depiction with
5the consent of the person depicted.

6(c) Grading.--A person who violates subsection (a) commits a
7misdemeanor of the third degree and shall, upon conviction, be
8sentenced to pay a fine of $1,000 or to imprisonment for not
9more than six months, or both. Each violation shall constitute a
10separate offense.

11(d) Territorial applicability.--A person may be convicted
12under the provisions of this section if the victim or the
13offender is located within this Commonwealth.

14(e) Nonapplicability.--Nothing in this section shall be
15construed to apply to a law enforcement officer engaged in the
16performance of the law enforcement officer's official duties.

17(f) Concurrent jurisdiction to prosecute.--In addition to
18the authority conferred upon the Attorney General by the act of
19October 15, 1980 (P.L.950, No.164), known as the Commonwealth
20Attorneys Act, the Attorney General shall have the authority to
21investigate and to institute criminal proceedings for any
22violation of this section or any series of violations involving
23more than one county of this Commonwealth or another state. No
24person charged with a violation of this section by the Attorney
25General shall have standing to challenge the authority of the
26Attorney General to investigate or prosecute the case, and, if a
27challenge is made, the challenge shall be dismissed, and no
28relief shall be made available in the courts of this
29Commonwealth to the person making the challenge.

30(g) Definitions.--As used in this section, the following

1words and phrases shall have the meanings given to them in this
2subsection unless the context clearly indicates otherwise:

3"Emotional distress." As defined in section 2709.1 (relating
4to stalking).

5"Law enforcement officer." Any officer of the United States,
6of the Commonwealth or political subdivision thereof, or of
7another state or subdivision thereof, who is empowered to
8conduct investigations of or to make arrests for offenses
9enumerated in this title or an equivalent crime in another
10jurisdiction, and any attorney authorized by law to prosecute or
11participate in the prosecution of such offense.

12"Nudity." As defined in section 5903(e) (relating to obscene
13and other sexual materials and performances).

14"Sexual conduct." As defined in section 5903(e) (relating to
15obscene and other sexual materials and performances).

16"Visual depiction." As defined in section 6321 (relating to
17transmission of sexually explicit images by minor).

18Section 2. Title 42 is amended by adding a section to read:

19§ 8316.1. Damages in actions for unlawful dissemination of
20intimate image.

21(a) Cause of action established.--A person may bring a civil
22cause of action based upon unlawful dissemination of intimate
23image, as defined in 18 Pa.C.S. § 3131 (relating to unlawful
24dissemination of intimate image), in order to recover damages
25for any loss or injury sustained as a result of the violation.

26(b) Parties authorized to bring action.--An action may be
27brought by a natural person or a guardian of the natural person,
28if the person is incompetent.

29(c) Damages.--A court of competent jurisdiction may award
30damages as <-follows: set forth in this subsection. In determining

1the extent of injury, the court shall consider that
2dissemination of an intimate image may cause long-term or
3permanent injury. The court may award:

4(1) Actual damages arising from the incident or $500,
5whichever is greater. Damages include loss of money,
6reputation or property, whether real or personal. The court
7may, in its discretion, award up to three times the actual
8damages sustained, but not less than $500.

9(2) Reasonable attorney fees and court costs.

10(3) Additional relief the court deems necessary and
11proper.

12(d) Other remedies preserved.--Nothing in this section shall
13be construed to limit the ability of a person to receive
14restitution under 18 Pa.C.S. § 1106 (relating to restitution for
15injuries to person or property).

16(e) Nonapplicability.--The provisions of this section shall
17not be applicable to a law enforcement officer engaged in the
18law enforcement officer's official duties.

19(f) Definition.--As used in this section, the term "law
20enforcement officer" means any officer of the United States, of
21the Commonwealth or political subdivision thereof, or of another
22state or subdivision thereof, who is empowered to conduct
23investigations of or to make arrests for offenses enumerated in
2418 Pa.C.S. (relating to crimes and offenses), or an equivalent
25crime in another jurisdiction, and any attorney authorized by
26law to prosecute or participate in the prosecution of such
27offense.

28Section 3. This act shall take effect in 60 days.