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A00273
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
163
Session of
2021
INTRODUCED BY STAATS, LABS, SCHLEGEL CULVER, BOBACK, ECKER,
RYAN, THOMAS, HILL-EVANS, ISAACSON, HOHENSTEIN, ROTHMAN,
CIRESI, DeLUCA, NEILSON, SHUSTERMAN, JONES, STEPHENS AND
POLINCHOCK, JANUARY 14, 2021
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 27, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in other offenses, further providing
for the offense of invasion of privacy.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7507.1(a)(3), (b) and (e) of Title 18 of
the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a subsection to read:
ยง 7507.1. Invasion of privacy.
(a) Offense defined.--Except as set forth in subsection (d),
a person commits the offense of invasion of privacy if he, for
the purpose of arousing or gratifying the sexual desire of any
person, knowingly does any of the following:
* * *
(3) [Transfers or transmits] Transfers, transmits or
receives an image or video obtained in violation of paragraph
(1) or (2) by live or recorded telephone message, electronic
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mail or the Internet or by any other transfer of the medium
on which the image is stored.
* * *
(b) Grading.--[Invasion] A violation of this section shall
be graded as follows:
(1) Except as provided under paragraph (2), invasion of
privacy is a misdemeanor of the second degree if there is
more than one violation. Otherwise, a violation of this
section is a misdemeanor of the third degree. The grading
under this paragraph shall also apply if both the victim and
the offender are minors.
(2) If the offender is a teacher and the victim is a
student or the offender is an adult and the victim is a
minor, a violation of this section is:
(i) A felony of the third degree for a first
violation.
(ii) A felony of the second degree for a second or
subsequent violation.
(b.1) Defense.--In any prosecution under this section, it
shall be a defense that the person viewed an image or video
under subsection (a) unintentionally and with no purpose of
arousing or gratifying the sexual desire of the person.
* * *
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Full or partial nudity." Display of all or any part of the
human genitals or pubic area or buttocks, or any part of the
nipple of the breast of any female person, with less than a
fully opaque covering.
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"Intimate part." Any part of:
(1) the human genitals, pubic area or buttocks; and
(2) the nipple of a female breast.
"Photographs" or "films." Making any photograph, motion
picture film, videotape or any other recording or transmission
of the image of a person.
"Place where a person would have a reasonable expectation of
privacy." A location where a reasonable person would believe
that he could disrobe in privacy without being concerned that
his undressing was being viewed, photographed or filmed by
another.
"Student." An individual enrolled and receiving instruction
at a public or private school within this Commonwealth in
prekindergarten through grade twelve . or who is receiving
transitional service training before attaining 21 years of age.
"Teacher." A professional employee, temporary professional
employee, substitute or instructor in a public or private school
within this Commonwealth who provides instruction to students in
prekindergarten through grade twelve . or who is receiving
transitional se rvice training before attaining 21 years of age.
"Views." Looking upon another person with the unaided eye or
with any device designed or intended to improve visual acuity.
Section 2. This act shall take effect in 60 days.
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