SENATE AMENDED
PRIOR PRINTER'S NOS. 1610, 1746 PRINTER'S NO. 3035
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, THOMAS AND
WASHINGTON, APRIL 29, 1997
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, MARCH 10, 1998
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. A <--
15 SEPARATE VIOLATION OF THIS SECTION SHALL OCCUR:
1 (1) FOR EACH VICTIM VIEWED, PHOTOGRAPHED OR FILMED
2 DURING THE SAME COURSE OF CONDUCT; OR
3 (2) IF A VICTIM IS VIEWED, PHOTOGRAPHED OR FILMED ON
4 MORE THAN ONE OCCASION DURING A SEPARATE COURSE OF CONDUCT
5 EITHER INDIVIDUALLY OR OTHERWISE.
6 (b) Grading.--Invasion of privacy is a misdemeanor of the
7 second degree if more than one person is viewed, photographed or <--
8 filmed in full or partial nudity in violation of subsection (a)
9 during the same course of conduct. Otherwise, invasion of
10 privacy THERE IS MORE THAN ONE VIOLATION. OTHERWISE, A VIOLATION <--
11 OF THIS SECTION is a misdemeanor of the third degree.
12 (c) Commencement of prosecution.--Notwithstanding the
13 provisions of 42 Pa.C.S. Ch. 55 Subch. C (relating to criminal
14 proceedings), a prosecution under this section must be commenced
15 within the following periods of limitation:
16 (1) two years from the date the viewing, photographing
17 or filming occurred; or
18 (2) if the person who was viewed, photographed or filmed
19 did not realize at the time that he was being viewed,
20 photographed or filmed, within three years of the time the
21 person first learns that he was viewed, photographed or
22 filmed.
23 (d) Exceptions.--Subsection (a) shall not apply to the
24 following:
25 (1) Viewing, photographing or filming by law enforcement
26 officers during a lawful criminal investigation.
27 (2) Viewing, photographing or filming by law enforcement
28 officers or by personnel of the Department of Corrections or
29 a local correctional facility, prison or jail for security
30 purposes or during investigation of alleged misconduct by a
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1 person in the custody of the department or local authorities.
2 (e) Definitions.--As used in this section, the following
3 words and phrases shall have the meanings given to them in this
4 subsection:
5 "Full or partial nudity." Display of all or any part of the
6 human genitals or pubic area or buttock, or any part of the
7 nipple of the breast of any female person, with less than a
8 fully opaque covering.
9 "Photographs" or "films." Making any photograph, motion
10 picture film, videotape, or any other recording or transmission
11 of the image of a person, FOR THE PURPOSE OF AROUSING OR <--
12 GRATIFYING THE SEXUAL DESIRE OF ANY PERSON.
13 "Place where a person would have a reasonable expectation of
14 privacy." A location where a reasonable person would believe
15 that he could disrobe in privacy, without being concerned that
16 his undressing was being viewed, photographed or filmed by
17 another.
18 "Same course of conduct." Filming more than one person in
19 full or partial nudity under the same or similar circumstances
20 pursuant to one scheme or course of conduct, whether at the same
21 or different times.
22 "Views." Looking upon another person, with the unaided eye
23 or with any device designed or intended to improve visual
24 acuity, for the purpose of arousing or gratifying the sexual
25 desire of any person.
26 Section 2. This act shall take effect in 60 days.
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