PRINTER'S NO. 1644
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1213
Session of
2024
INTRODUCED BY PENNYCUICK, DILLON, BOSCOLA, KANE, TARTAGLIONE,
BREWSTER, LANGERHOLC, PHILLIPS-HILL, HAYWOOD, BROWN, SCHWANK,
SANTARSIERO AND VOGEL, MAY 29, 2024
REFERRED TO JUDICIARY, MAY 29, 2024
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in sexual offenses, further providing
for the offense of unlawful dissemination of intimate image;
and, in minors, further providing for the offense of sexual
abuse of children and for the offense of transmission of
sexually explicit images by minor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3131(a) and (c) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and subsection
(g) is amended by adding definitions to read:
§ 3131. Unlawful dissemination of intimate image.
(a) Offense defined.--Except as provided in sections 5903
(relating to obscene and other sexual materials and
performances), 6312 (relating to sexual abuse of children) and
6321 (relating to transmission of sexually explicit images by
minor), a person commits the offense of unlawful dissemination
of intimate image if, with intent to harass, annoy or alarm a
current or former sexual or intimate partner, the person
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disseminates [a visual depiction of the current or former sexual
or intimate partner in a state of nudity or engaged in sexual
conduct.]:
(1) A visual depiction of the current or former sexual
or intimate partner in a state of nudity or engaged in sexual
conduct.
(2) An artificially generated depiction of an
individual, with intent to harass, annoy or alarm an
individual.
* * *
(c) Grading.--[An offense under subsection (a) shall be:]
(1) An offense under subsection (a)(1) shall be:
[(1)] (i) A misdemeanor of the first degree, when the
person depicted is a minor.
[(2)] (ii) A misdemeanor of the second degree, when the
person depicted is not a minor.
(2) An offense under subsection (a)(2) shall be:
(i) A felony of the third degree, when the person
depicted is a minor.
(ii) A misdemeanor of the first degree, when the
person depicted is not a minor.
* * *
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Artificial intelligence." Any of the following:
(1) An artificial system that performs tasks under
varying and unpredictable circumstances without significant
human oversight or that can learn from experience and improve
performance when exposed to data sets.
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(2) An artificial system developed in computer software,
physical hardware or other context that solves tasks
requiring human-like perception, cognition, planning,
learning, communication or physical action.
(3) An artificial system designed to think or act like a
human, including cognitive architectures and neural networks.
(4) A set of techniques, including machine learning,
that is designed to approximate a cognitive task.
(5) An artificial system designed to act rationally,
including an intelligent software agent or embodied robot
that achieves goals using perception, planning, reasoning,
learning, communicating, decision making and acting.
"Artificially generated depiction." A visual depiction:
(1) that appears to authentically depict an individual
in a state of nudity or engaged in sexual conduct that did
not occur in reality; and
(2) the production of which was substantially dependent
upon technical means, including artificial intelligence and
photo editing software, rather than the ability of another
person to physically impersonate the other person.
* * *
"Photo editing software." A software used primarily for
editing photographs, videos or computer depictions that contains
a variety of filters, effects or tools that can be used to
manipulate photographs, videos or computer depictions.
* * *
Section 2. Section 6312(c), (d), (f)(3) and (g) of Title 18
are amended to read:
§ 6312. Sexual abuse of children.
* * *
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(c) Dissemination of photographs, videotapes, computer
depictions and films.--Any person who knowingly sells,
distributes, delivers, disseminates, transfers, displays or
exhibits to others, or who possesses for the purpose of sale,
distribution, delivery, dissemination, transfer, display or
exhibition to others, any artificially generated depiction or
book, magazine, pamphlet, slide, photograph, film, videotape,
computer depiction or other material depicting a child under the
age of 18 years engaging in a prohibited sexual act or in the
simulation of such act commits an offense.
(d) Child pornography.--Any person who intentionally views
or knowingly possesses or controls any artificially generated
depiction or book, magazine, pamphlet, slide, photograph, film,
videotape, computer depiction or other material depicting a
child under the age of 18 years engaging in a prohibited sexual
act or in the simulation of such act commits an offense.
* * *
(f) Exceptions.--This section does not apply to any of the
following:
* * *
(3) An individual under 18 years of age who knowingly
views, photographs, videotapes, depicts on a computer or
films or possesses or intentionally views a visual depiction
as defined in section 6321 or an artificially generated
depiction of himself alone in a state of nudity as defined in
section 6321.
* * *
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
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"Artificial intelligence." As defined in section 3131
(relating to unlawful dissemination of intimate image).
"Artificially generated depiction." A book, magazine,
pamphlet, slide, photograph, videotape, film or computer
depiction:
(1) that appears to authentically depict a child under
18 years of age engaging in a prohibited sexual act or in the
simulation of such act that did not occur in reality; and
(2) the production of which was substantially dependent
upon technical means, including artificial intelligence and
photo editing software, rather than the ability of another
person to physically impersonate the child.
"Intentionally views." The deliberate, purposeful, voluntary
viewing of material containing an artificially generated
depiction or depicting a child under 18 years of age engaging in
a prohibited sexual act or in the simulation of such act. The
term shall not include the accidental or inadvertent viewing of
such material.
"Photo editing software." As defined in section 3131.
"Prohibited sexual act." Sexual intercourse as defined in
section 3101 (relating to definitions), masturbation, sadism,
masochism, bestiality, fellatio, cunnilingus, lewd exhibition of
the genitals or nudity if such nudity is depicted for the
purpose of sexual stimulation or gratification of any person who
might view such depiction.
Section 3. The definition of "sexually explicit image" in
section 6321(g) of Title 18 is amended and the subsection is
amended by adding definitions to read:
§ 6321. Transmission of sexually explicit images by minor.
* * *
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(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Artificial intelligence." As defined in section 3131
(relating to unlawful dissemination of intimate image).
"Artificially generated depiction." Any visual depiction:
(1) that appears to authentically depict a child under
18 years of age engaged in conduct or an action or state of
nudity that did not occur in reality; and
(2) the production of which was substantially dependent
upon technical means, including artificial intelligence and
photo editing software, rather than the ability of another
person to physically impersonate the child.
* * *
"Photo editing software." As defined in section 3131.
* * *
"Sexually explicit image." A lewd or lascivious visual
depiction or artificially generated depiction of a minor's
genitals, pubic area, breast or buttocks or nudity, if such
nudity is depicted for the purpose of sexual stimulation or
gratification of any person who might view such nudity.
* * *
Section 4. This act shall take effect in 60 days.
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