PRINTER'S NO. 679
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
642
Session of
2017
INTRODUCED BY BAKER, WARD, HELM, V. BROWN, MURT, MILLARD,
PICKETT, STAATS, DeLUCA, READSHAW, PASHINSKI, ZIMMERMAN, RAPP
AND SOLOMON, FEBRUARY 27, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 27, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in computer offenses, providing for
misuse of 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 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 5903
(relating to obscene and other sexual materials and
performances) or 6312 (relating to sexual abuse of children).
(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." An image of a person or portion
of the human body that 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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