PRINTER'S NO. 2113
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1744
Session of
2023
INTRODUCED BY GREGORY, BERNSTINE, MOUL, ROZZI AND SMITH,
OCTOBER 4, 2023
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 4, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in wiretapping and electronic
surveillance, further providing for exceptions to prohibition
of interception and disclosure of communications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5704 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
ยง 5704. Exceptions to prohibition of interception and
disclosure of communications.
It shall not be unlawful and no prior court approval shall be
required under this chapter for:
* * *
(19) A person to intercept a wire, electronic or oral
communication involving suspected criminal activity if the
person reasonably believes all of the following:
(i) A party to the communication is engaged or
intends to engage in an activity prohibited under any of
the following:
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(A) Chapter 30 (relating to human trafficking).
(B) Chapter 31 (relating to sexual offenses).
(C) Section 4304(a)(1) (relating to endangering
welfare of children), if the activity involves sexual
contact with the minor.
(D) Section 6301(a)(1) (relating to corruption
of minors), if the activity involves sexual contact
with the minor.
(E) Section 6312 (relating to sexual abuse of
children).
(F) Section 6318 (relating to unlawful contact
with minor).
(G) Section 6320 (relating to sexual
exploitation of children).
(ii) A victim of the prohibited activity is an
individual who is under 18 years of age.
Section 2. This act shall take effect in 60 days.
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