1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, in definition of sexual offenses, providing for
4unlawful dissemination of intimate image; and, in particular
5rights and immunities, providing for damages in actions for
6unlawful dissemination of intimate image.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Title 18 of the Pennsylvania Consolidated
10Statutes is amended by adding a section to read:

11§ 3131. Unlawful dissemination of intimate image.

12(a) Offense defined.--Except as provided in sections 5903
13(relating to obscene and other sexual material and
14performances), 6312 (relating to sexual abuse of children) and
156321 (relating to transmission of sexually explicit images by
16minor), a person commits the offense of unlawful dissemination
17of intimate image if, with intent to cause emotional distress to
18the person depicted, the person disseminates a visual depiction
19of another person in a state of nudity or engaged in sexual

1conduct.

2(b) Defense.--It is a defense to a prosecution under this
3section that the actor disseminated the visual depiction with
4the consent of the person depicted.

5(c) Grading.--A person who violates subsection (a) commits a
6misdemeanor of the third degree and shall, upon conviction, be
7sentenced to pay a fine of $1,000 or to imprisonment for not
8more than six months, or both. Each violation shall constitute a
9separate offense.

10(d) Territorial applicability.--A person may be convicted
11under the provisions of this section if the victim or the
12offender is located within this Commonwealth.

13(e) Nonapplicability.--Nothing in this section shall be
14construed to apply to a law enforcement officer engaged in the
15performance of the law enforcement officer's official duties.

16(f) Concurrent jurisdiction to prosecute.--In addition to
17the authority conferred upon the Attorney General by the act of
18October 15, 1980 (P.L.950, No.164), known as the Commonwealth
19Attorneys Act, the Attorney General shall have the authority to
20investigate and to institute criminal proceedings for any
21violation of this section or any series of violations involving
22more than one county of this Commonwealth or another state. No
23person charged with a violation of this section by the Attorney
24General shall have standing to challenge the authority of the
25Attorney General to investigate or prosecute the case, and, if a
26challenge is made, the challenge shall be dismissed, and no
27relief shall be made available in the courts of this
28Commonwealth to the person making the challenge.

29(g) Definitions.--As used in this section, the following
30words and phrases shall have the meanings given to them in this

1subsection unless the context clearly indicates otherwise:

2"Emotional distress." As defined in section 2709.1 (relating
3to stalking).

4"Law enforcement officer." Any officer of the United States,
5of the Commonwealth or political subdivision thereof, or of
6another state or subdivision thereof, who is empowered to
7conduct investigations of or to make arrests for offenses
8enumerated in this title or an equivalent crime in another
9jurisdiction, and any attorney authorized by law to prosecute or
10participate in the prosecution of such offense.

11"Nudity." As defined in section 5903(e) (relating to obscene
12and other sexual materials and performances).

13"Sexual conduct." As defined in section 5903(e) (relating to
14obscene and other sexual materials and performances).

15"Visual depiction." As defined in section 6321 (relating to
16transmission of sexually explicit images by minor).

17Section 2. Title 42 is amended by adding a section to read:

18§ 8316.1. Damages in actions for unlawful dissemination of
19intimate image.

20(a) Cause of action established.--A person may bring a civil
21cause of action based upon unlawful dissemination of intimate
22image, as defined in 18 Pa.C.S. § 3131 (relating to unlawful
23dissemination of intimate image), in order to recover damages
24for any loss or injury sustained as a result of the violation.

25(b) Parties authorized to bring action.--An action may be
26brought by a natural person or a guardian of the natural person,
27if the person is incompetent.

28(c) Damages.--A court of competent jurisdiction may award
29damages as follows:

30(1) Actual damages arising from the incident or $500,

1whichever is greater. Damages include loss of money,
2reputation or property, whether real or personal. The court
3may, in its discretion, award up to three times the actual
4damages sustained, but not less than $500.

5(2) Reasonable attorney fees and court costs.

6(3) Additional relief the court deems necessary and
7proper.

8(d) Other remedies preserved.--Nothing in this section shall
9be construed to limit the ability of a person to receive
10restitution under 18 Pa.C.S. § 1106 (relating to restitution for
11injuries to person or property).

12(e) Nonapplicability.--The provisions of this section shall
13not be applicable to a law enforcement officer engaged in the
14law enforcement officer's official duties.

15(f) Definition.--As used in this section, the term "law
16enforcement officer" means any officer of the United States, of
17the Commonwealth or political subdivision thereof, or of another
18state or subdivision thereof, who is empowered to conduct
19investigations of or to make arrests for offenses enumerated in
2018 Pa.C.S. (relating to crimes and offenses), or an equivalent
21crime in another jurisdiction, and any attorney authorized by
22law to prosecute or participate in the prosecution of such
23offense.

24Section 3. This act shall take effect in 60 days.