PRINTER'S NO. 2132
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1753
Session of
2023
INTRODUCED BY PIELLI, KAZEEM, PROBST, MADDEN, BRENNAN, DELLOSO,
R. MACKENZIE, OTTEN, DONAHUE, GUENST, SANCHEZ AND HOWARD,
OCTOBER 16, 2023
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 16, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, further providing for
sexual abuse of children and for transmission of sexually
explicit images by minor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6312(c), (d), (f)(3) and (g) and 6321(g)
of Title 18 of the Pennsylvania Consolidated Statutes are
amended to read:
§ 6312. Sexual abuse of children.
* * *
(c) Dissemination of photographs, videotapes, computer
depictions and films.--Any person who knowingly sells,
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 book, magazine, pamphlet, slide,
photograph, film, videotape, computer depiction, artificially
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
generated child sexual abuse material 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 book, magazine, pamphlet,
slide, photograph, film, videotape, computer depiction,
artificially generated child sexual abuse material 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 artificially generated child
sexual abuse material 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." Includes any of the following:
(1) An artificial system that performs tasks under
varying and unpredictable circumstances without significant
human oversight or that can learn from experience and improve
performance when exposed to data sets.
20230HB1753PN2132 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) An artificial system developed in computer software,
physical hardware or other context that solves tasks
requiring human-like perception, cognition, planning,
learning, communication or physical action.
(3) An artificial system designed to think or act like a
human, including cognitive architectures and neural networks.
(4) A set of techniques, including machine learning,
that is designed to approximate a cognitive task.
(5) An artificial system designed to act rationally,
including an intelligent software agent or embodied robot
that achieves goals using perception, planning, reasoning,
learning, communicating, decision making and acting.
"Artificially generated child sexual abuse material." A
visual depiction:
(1) that appears to authentically depict an individual
under 18 years of age 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.
"Intentionally views." The deliberate, purposeful, voluntary
viewing of artificially generated child sexual abuse material or
material 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." 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
20230HB1753PN2132 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
manipulate photographs, films or computer depictions.
"Prohibited sexual act." Sexual intercourse as defined in
section 3101 (relating to definitions), masturbation, sadism,
masochism, bestiality, fellatio, cunnilingus, lewd exhibition of
the genitals or nudity if such nudity is depicted for the
purpose of sexual stimulation or gratification of any person who
might view such depiction.
§ 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:
"Artificially generated child sexual abuse material." As
defined in section 6312(g).
"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).
"Knowingly possesses." The deliberate, purposeful, voluntary
possession of a sexually explicit image of another minor who is
12 years of age or older. The term shall not include the
accidental or inadvertent possession of such an image.
"Knowingly views." The deliberate, purposeful, voluntary
viewing of a sexually explicit image of another minor who is 12
years of age or older. The term shall not include the accidental
or inadvertent viewing of such an image.
"Minor." An individual under 18 years of age.
20230HB1753PN2132 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"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.
"Sexually explicit image." A lewd or lascivious visual
depiction or artificially generated child sexual abuse material
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.
"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.
20230HB1753PN2132 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19