PRINTER'S NO. 1610
No. 1189 Session of 1997
INTRODUCED BY MARSICO, VANCE, BELARDI, McNAUGHTON, FARGO, BAKER,
NAILOR, TRELLO, WALKO, HENNESSEY, LUCYK, LYNCH, LEH, BUNT,
MILLER, SATHER, CIVERA, L. I. COHEN, GIGLIOTTI, SCHRODER,
TRUE, STEELMAN, RAMOS, CLARK, DeWEESE, DeLUCA, E. Z. TAYLOR,
YOUNGBLOOD, TIGUE, HESS, BOSCOLA, STABACK, PISTELLA,
BENNINGHOFF, C. WILLIAMS, J. TAYLOR, TULLI AND THOMAS,
APRIL 29, 1997
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 29, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, adding the offense of invasion of
3 privacy; and imposing a penalty.
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 § 7507.1 Invasion of privacy.
9 (a) Offense defined.--A person commits the offense of
10 invasion of privacy if he knowingly views, photographs or films
11 another person, without that person's knowledge and consent,
12 while the person being viewed, photographed or filmed is in a
13 state of full or partial nudity and is in a place where the
14 person would have a reasonable expectation of privacy.
15 (b) Grading.--Invasion of privacy is a misdemeanor of the
16 second degree if more than one person is viewed, photographed or
1 filmed in full or partial nudity in violation of subsection (a)
2 during the same course of conduct. Otherwise, invasion of
3 privacy is a misdemeanor of the third degree.
4 (c) Commencement of prosecution.--Notwithstanding the
5 provisions of 42 Pa.C.S. Ch. 55, Subch. C (relating to criminal
6 proceedings), a prosecution under this section must be commenced
7 within the following periods of limitation:
8 (1) two years from the date the viewing, photographing
9 or filming occurred; or
10 (2) if the person who was viewed, photographed or filmed
11 did not realize at the time that he was being viewed,
12 photographed or filmed, within three years of the time the
13 person first learns that he was viewed, photographed or
14 filmed.
15 (d) Exceptions.--Subsection (a) shall not apply to the
16 following:
17 (1) Viewing, photographing or filming by law enforcement
18 officers during a lawful criminal investigation.
19 (2) Viewing, photographing or filming by law enforcement
20 officers or by personnel of the Department of Corrections or
21 a local correctional facility, prison or jail for security
22 purposes or during investigation of alleged misconduct by a
23 person in the custody of the department or local authorities.
24 (e) Definitions.--As used in this section, the following
25 words and phrases shall have the meanings given to them in this
26 subsection:
27 "Full or partial nudity." Display of all or any part of the
28 human genitals or pubic area or buttock, or any part of the
29 nipple of the breast of any female person, with less than a
30 fully opaque covering.
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1 "Photographs" or "films." Making any photograph, motion
2 picture film, videotape, or any other recording or transmission
3 of the image of a person.
4 "Place where a person would have a reasonable expectation of
5 privacy." A location where a reasonable person would believe
6 that he could disrobe in privacy, without being concerned that
7 his undressing was being photographed or filmed by another.
8 "Same course of conduct." Filming more than one person in
9 full or partial nudity under the same or similar circumstances
10 pursuant to one scheme or course of conduct, whether at the same
11 or different times.
12 "Views." Looking upon another person, with the unaided eye
13 or with any device designed or intended to improve visual
14 acuity, for the purpose of arousing or gratifying the sexual
15 desire of any person.
16 Section 2. This act shall take effect in 60 days.
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