2010 Pennsylvania Code
Chapter 75 - Other Offenses
7507.1 - Invasion of privacy.

     § 7507.1.  Invasion of privacy.
        (a)  Offense defined.--Except as set forth in subsection (d),
     a person commits the offense of invasion of privacy if he, for
     the purpose of arousing or gratifying the sexual desire of any
     person, knowingly does any of the following:
            (1)  Views, photographs, videotapes, electronically
        depicts, films or otherwise records another person without
        that person's knowledge and consent while that person is in a
        state of full or partial nudity and is in a place where that
        person would have a reasonable expectation of privacy.
            (2)  Photographs, videotapes, electronically depicts,
        films or otherwise records or personally views the intimate
        parts, whether or not covered by clothing, of another person
        without that person's knowledge and consent and which
        intimate parts that person does not intend to be visible by
        normal public observation.
            (3)  Transfers or transmits an image obtained in
        violation of paragraph (1) or (2) by live or recorded
        telephone message, electronic mail or the Internet or by any
        other transfer of the medium on which the image is stored.
        (a.1)  Separate violations.--A separate violation of this
     section shall occur:
            (1)  for each victim of an offense under subsection (a)
        under the same or similar circumstances pursuant to one
        scheme or course of conduct whether at the same or different
        times; or
            (2)  if a person is a victim of an offense under
        subsection (a) on more than one occasion during a separate
        course of conduct either individually or otherwise.
        (b)  Grading.--Invasion of privacy is a misdemeanor of the
     second degree if there is more than one violation. Otherwise, a
     violation of this section is a misdemeanor of the third degree.
        (c)  Commencement of prosecution.--Notwithstanding the
     provisions of 42 Pa.C.S. Ch. 55 Subch. C (relating to criminal
     proceedings), a prosecution under this section must be commenced
     within the following periods of limitation:
            (1)  two years from the date the offense occurred; or
            (2)  if the victim did not realize at the time that there
        was an offense, within three years of the time the victim
        first learns of the offense.
        (d)  Exceptions.--Subsection (a) shall not apply if the
     conduct proscribed by subsection (a) is done by any of the
            (1)  Law enforcement officers during a lawful criminal
            (2)  Law enforcement officers or by personnel of the
        Department of Corrections or a local correctional facility,
        prison or jail for security purposes or during investigation
        of alleged misconduct by a person in the custody of the
        department or local authorities.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
        "Full or partial nudity."  Display of all or any part of the
     human genitals or pubic area or buttocks, or any part of the
     nipple of the breast of any female person, with less than a
     fully opaque covering.
        "Intimate part."  Any part of:
            (1)  the human genitals, pubic area or buttocks; and
            (2)  the nipple of a female breast.
        "Photographs" or "films."  Making any photograph, motion
     picture film, videotape or any other recording or transmission
     of the image of a person.
        "Place where a person would have a reasonable expectation of
     privacy."  A location where a reasonable person would believe
     that he could disrobe in privacy without being concerned that
     his undressing was being viewed, photographed or filmed by
        "Views."  Looking upon another person with the unaided eye or
     with any device designed or intended to improve visual acuity.
     (Mar. 24, 1998, P.L.215, No.38, eff. 60 days; Nov. 16, 2005,
     P.L.378, No.69, eff. 60 days)

        Cross References.  Section 7507.1 is referred to in section
     8317 of Title 42 (Judiciary and Judicial Procedure).

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