PRINTER'S NO. 2755
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1974
Session of
2019
INTRODUCED BY ISAACSON, BOBACK, CALTAGIRONE, CEPHAS, DeLUCA,
FRANKEL, HILL-EVANS, HOHENSTEIN, HOWARD, JOHNSON-HARRELL,
KENYATTA, KINSEY, KOSIEROWSKI, MURT, OTTEN, READSHAW, ROZZI,
SCHLOSSBERG, SCHWEYER AND YOUNGBLOOD, OCTOBER 22, 2019
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 22, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in sexual offenses, providing for the
offense of unsolicited dissemination of intimate image.
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 3133. Unsolicited dissemination of intimate image.
(a) Offense defined.--A person commits the offense of
unsolicited dissemination of intimate image if the person
knowingly transmits, distributes, publishes or disseminates an
electronic communication containing a sexually explicit image
that is not transmitted, distributed, published or disseminated
at the request of a recipient or with the express consent of a
recipient.
(b) Grading.--An offense under subsection (a) shall be a
summary offense.
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(c) Territorial applicability.--A person may be convicted
under the provisions of this section if the victim or the
offender is located within this Commonwealth.
(d) Nonapplicability.--Nothing in this section shall be
construed to apply to a law enforcement officer engaged in the
performance of the law enforcement officer's official duties.
(e) 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:
"Disseminate." To cause or make an electronic or actual
communication from one person, place or electronic communication
device to two or more other persons, places or electronic
communication devices.
"Distribute." To deliver or pass out.
"Electronic communication." As defined in section 5702
(relating to definitions).
"Law enforcement officer." An officer of the United States,
of the Commonwealth or political subdivision thereof, or of
another state or subdivision thereof, who is empowered to
conduct investigations of or to make arrests for offenses
enumerated in this title or an equivalent crime in another
jurisdiction, and any attorney authorized by law to prosecute or
participate in the prosecution of such offense.
"Nudity." The showing of the human male or female genitals,
pubic area or buttocks with less than a fully opaque covering,
the showing of the female breast with less than a fully opaque
covering of any portion thereof below the top of the nipple or
the depiction of covered male genitals in a discernibly turgid
state.
"Publish." To issue for distribution.
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"Sexually explicit image." A lewd or lascivious visual
depiction of a person's genitals, pubic area, breast or buttocks
or nudity, if the nudity is depicted for the purpose of sexual
stimulation or gratification of a person who might view the
nudity.
"Transmit." To cause or make an electronic communication
from one person, place or electronic communication device to
only one other person, place or electronic communication device.
"Visual depiction." A representation by picture, including,
but not limited to, a photograph, videotape, film or computer
image.
Section 2. This act shall take effect in 60 days.
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