HB 572 — 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.

PRINTER'S NO.   576

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 572
                                               Session of
                                                 2025

     INTRODUCED BY ISAACSON, CEPEDA-FREYTIZ, DEASY, DONAHUE, GILLEN,
        GIRAL, GREEN, HILL-EVANS, HOHENSTEIN, OTTEN AND SANCHEZ,
        FEBRUARY 12, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2025


                                    AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in sexual offenses, providing for the
 3      offense of unsolicited dissemination of intimate image.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 18 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 3134.   Unsolicited dissemination of intimate image.
 9      (a)    Offense defined.--A person commits the offense of
10   unsolicited dissemination of intimate image if the person
11   knowingly transmits, distributes, publishes or disseminates an
12   electronic communication containing a sexually explicit image to
13   a recipient that is not transmitted, distributed, published or
14   disseminated at the request of the recipient or with the express
15   consent of the recipient.
16      (b)    Grading.--An offense under subsection (a) shall be a
17   summary offense.
18      (c)    Territorial applicability.--A person may be convicted
 1   under this section if the victim or the offender is located
 2   within this Commonwealth.
 3      (d)   Nonapplicability.--Nothing in this section shall be
 4   construed to apply to a law enforcement officer engaged in the
 5   performance of the law enforcement officer's official duties.
 6      (e)   Definitions.--As used in this section, the following
 7   words and phrases shall have the meanings given to them in this
 8   subsection unless the context clearly indicates otherwise:
 9      "Disseminate."   To cause or make an electronic or actual
10   communication from one person, place or electronic communication
11   device to two or more other persons, places or electronic
12   communication devices.
13      "Distribute."    To deliver or pass out.
14      "Electronic communication."     As defined in section 5702
15   (relating to definitions).
16      "Law enforcement officer."    An officer of the United States,
17   of the Commonwealth or political subdivision thereof, or of
18   another state or subdivision thereof, who is empowered to
19   conduct investigations of or to make arrests for offenses
20   enumerated in this title or an equivalent crime in another
21   jurisdiction, and any attorney authorized by law to prosecute or
22   participate in the prosecution of such offense.
23      "Nudity."    The showing of the human male or female genitals,
24   pubic area or buttocks with less than a fully opaque covering,
25   the showing of the female breast with less than a fully opaque
26   covering of any portion thereof below the top of the nipple or
27   the depiction of covered male genitals in a discernibly turgid
28   state.
29      "Publish."   To issue for distribution.
30      "Sexually explicit image."    A lewd or lascivious visual

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 1   depiction of a person's genitals, pubic area, breast or buttocks
 2   or nudity, if the nudity is depicted for the purpose of sexual
 3   stimulation or gratification of a person who might view the
 4   nudity.
 5      "Transmit."    To cause or make an electronic communication
 6   from one person, place or electronic communication device to
 7   only one other person, place or electronic communication device.
 8      "Visual depiction."    A representation by picture, including,
 9   but not limited to, a photograph, videotape, film or computer
10   image.
11      Section 2.    This act shall take effect in 60 days.




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