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07/26/2024 06:23 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=H&cosponId=42969
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: July 10, 2024 11:30 AM
From: Representative Ann Flood
To: All House members
Subject: Invasion of Privacy
 
In the near future, I am planning on introducing legislation that will increase the grading for the crime of invasion of privacy and require the defendant to delete any photograph, videotape, electronic depiction or other recording associated with the conviction that is in their possession.
 
Recently, I met with a woman who told me that while she was using a public restroom she was surreptitiously recorded by a man under the stall when she was exposed. Despite committing this repugnant act, the man was only charged with a handful of misdemeanors including the crime of invasion of privacy under 18 Pa.C.S.A. 7507.1. Adding to the trauma and embarrassment for the victim was the fact that nowhere in Section 7507.1 was a requirement that the man delete the recording.
 
My legislation accomplishes two main objectives. First my legislation will increase the grading of invasion of privacy. Currently, invasion of privacy is a misdemeanor of the third degree for a first offense and a misdemeanor of the second degree if there is more than one violation. My legislation would make a first offense a misdemeanor of the first degree and a second or subsequent violation a felony of the third degree. Additionally, my bill would require that any person convicted of invasion of privacy to delete or destroy any photograph, videotape, electronic depiction, film, record or other recording associated with the conviction that is in the person’s possession in any manner or form. Failure to do so constitutes a separate offense that is graded as a felony of the third degree
.
Individuals who commit such heinous and extremely psychologically damaging crimes must face consequences that adequately reflect the seriousness of their conduct. Furthermore, we must ensure these individuals are prohibited from retaining any recording obtained from such an abhorrent act. We owe this to the victims who have had their sense of autonomy, trust and personal safety violated as a result of these crimes.
 
Please join me in cosponsoring this important legislation.
 
 



Introduced as HB2503