PRINTER'S NO. 1077
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1063
Session of
2023
INTRODUCED BY R. MACKENZIE, FLICK, KAUFFMAN, KENYATTA,
LEADBETER, M. MACKENZIE, PICKETT, SCIALABBA, SHUSTERMAN AND
STAATS, APRIL 28, 2023
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 28, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in sexual offenses, providing for the
offense of unlawful dissemination of artificially generated
depiction; 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. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3131.1. Unlawful dissemination of artificially generated
depiction.
(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 an artificially generated depiction if, with intent to
harass, annoy or alarm an individual, the person disseminates an
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artificially generated depiction of the individual.
(b) Defense.--It is a defense to a prosecution under this
section that the actor disseminated the artificially generated
depiction with the consent of the individual depicted.
(c) Grading.--An offense under subsection (a) shall be:
(1) A misdemeanor of the first degree, when the
individual depicted is a minor.
(2) A misdemeanor of the second degree, when the
individual depicted is not a minor.
(d) Territorial applicability.--A person may be convicted
under the provisions of this section if the victim or the
offender is located within this Commonwealth.
(e) 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.
(f) Concurrent jurisdiction to prosecute.--In addition to
the authority conferred upon the Attorney General by the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act, the Attorney General shall have the authority to
investigate and institute criminal proceedings for any violation
of this section or any series of violations involving more than
one county of this Commonwealth or another state. No person
charged with a violation of this section by the Attorney General
shall have standing to challenge the authority of the Attorney
General to investigate or prosecute the case, and, if a
challenge is made, the challenge shall be dismissed, and no
relief shall be made available in the courts of this
Commonwealth to the person making the challenge.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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subsection unless the context clearly indicates otherwise:
"Artificially generated 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
(2) the production of which was substantially dependent
upon technical means, including artificial intelligence and
photoshop software, rather than the ability of another person
to physically impersonate the other person.
"Artificial intelligence." As defined in section 238(g) of
the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232, 132 Stat. 1636).
"Law enforcement officer." As defined in section 3131
(relating to unlawful dissemination of intimate image).
"Minor." As defined in section 3131.
"Nudity." As defined in section 5903(e).
"Photoshop." A software used primarily for editing
photographs, films or computer depictions that contains a
variety of filters, effects and tools that can be used to
manipulate photographs, films or computer depictions.
"Sexual conduct." As defined in section 5903(e).
"Visual depiction." As defined in section 6321.
Section 2. Section 6312(c), (d) and (f)(3) of Title 18 are
amended, the definition of "intentionally views" in subsection
(g) is amended and subsection (g) is amended by adding
definitions to read:
§ 6312. Sexual abuse of children.
* * *
(c) Dissemination of photographs, videotapes, computer
depictions and films.--Any person who knowingly sells,
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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 commits an offense.
(d) Child pornography.--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 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
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 3131.1
(relating to unlawful dissemination of artificially generated
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depiction).
"Artificially generated depiction." A book, magazine,
pamphlet, slide, photograph, videotape, film or computer
depiction:
(1) that appears to authentically depict a child under
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
photoshop software, rather than the ability of another person
to physically impersonate the child.
"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.
"Photoshop." As defined in section 3131.1.
* * *
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
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 3131.1
(relating to unlawful dissemination of artificially generated
depiction).
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"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
photoshop software, rather than the ability of another person
to physically impersonate the child.
* * *
"Photoshop." As defined in section 3131.1.
* * *
"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.
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