2023-2024 Regular Session SB 1213 PN 1679 Bill Text (HTM)

PRIOR PRINTER'S NO. 1644

PRINTER'S NO. 1679

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, VOGEL, ROBINSON, MILLER AND BARTOLOTTA,

MAY 29, 2024

SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 4, 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] ANOTHER, the

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person 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 SEXUAL depiction of an

individual , with intent to harass, annoy or alarm an

individual .

* * *

(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 MISDEMEANOR OF THE FIRST

degree, when the person depicted is a minor.

(ii) A misdemeanor of the first SECOND 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.

"ARTIFICIAL INTELLIGENCE."

(1) A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF

HUMAN-DEFINED OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS

OR DECISIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS,

INCLUDING THE ABILITY TO:

(I) PERCEIVE REAL AND VIRTUAL ENVIRONMENTS;

(II) ABSTRACT PERCEPTIONS MADE UNDER PARAGRAPH (1)

INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER; AND

(III) USE MODEL INFERENCE TO FORMULATE OPTIONS FOR

INFORMATION OR ACTION BASED ON OUTCOMES UNDER

SUBPARAGRAPHS (I) AND (II).

(2) THE TERM INCLUDES GENERATIVE ARTIFICIAL

INTELLIGENCE.

"Artificially generated SEXUAL 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

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(2) the production of which was substantially dependent

upon technical means, including artificial intelligence and

OR photo editing software, rather than the ability of another

person to physically impersonate the other person.

"GENERATIVE ARTIFICIAL INTELLIGENCE." THE CLASS OF MODELS

THAT EMULATE THE STRUCTURE AND CHARACTERISTICS OF INPUT DATA IN

ORDER TO GENERATE DERIVED SYNTHETIC CONTENT, INCLUDING

INFORMATION SUCH AS IMAGES, VIDEOS, AUDIO CLIPS OR TEXT, THAT

HAS BEEN SIGNIFICANTLY MODIFIED OR GENERATED BY ALGORITHMS,

INCLUDING BY ARTIFICIAL INTELLIGENCE.

* * *

"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.

* * *

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] CHILD SEXUAL ABUSE MATERIAL OR

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ARTIFICIALLY GENERATED CHILD SEXUAL ABUSE MATERIAL commits an

offense.

(d) Child [pornography] SEXUAL ABUSE MATERIAL.--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] CHILD

SEXUAL ABUSE MATERIAL OR ARTIFICIALLY GENERATED CHILD SEXUAL

ABUSE MATERIAL 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

OR AN ARTIFICIALLY GENERATED 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:

"Artificial intelligence." As defined in section 3131

(relating to unlawful dissemination of intimate image).

"Artificially generated depiction CHILD SEXUAL ABUSE

MATERIAL ." A book, magazine, pamphlet, slide, photograph,

videotape, film or , computer depiction OR OTHER MATERIAL :

(1) that appears to authentically depict a child under

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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

OR photo editing software, rather than the ability of another

person to physically impersonate the child.

"CHILD SEXUAL ABUSE MATERIAL." A BOOK, MAGAZINE, PAMPHLET,

SLIDE, PHOTOGRAPH, FILM, VIDEOTAPE, COMPUTER DEPICTION OR OTHER

MATERIAL DEPICTING A CHILD UNDER 18 YEARS OF AGE ENGAGING IN A

PROHIBITED SEXUAL ACT OR IN THE SIMULATION OF A PROHIBITED

SEXUAL ACT.

"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.

* * *

(g) Definitions.--As used in this section, the following

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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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