2024 Pennsylvania Consolidated & Unconsolidated Statutes
Act 125 - CRIMES CODE (18 PA.C.S.) AND PRISONS AND PAROLE CODE (61 PA.C.S.) - UNLAWFUL DISSEMINATION OF INTIMATE IMAGE, SEXUAL ABUSE OF CHILDREN, TRANSMISSION OF SEXUALLY EXPLICIT IMAGES BY MINOR AND EDITORIAL CHANGES
Session of 2024
No. 2024-125
SB 1213
AN ACT
Amending Titles 18 (Crimes and Offenses) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in sexual offenses, further providing for the offense of unlawful dissemination of intimate image; in minors, further providing for the offense of sexual abuse of children and for the offense of transmission of sexually explicit images by minor; and making editorial changes to replace references to the term "child pornography" with references to the term "child sexual abuse material."
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 3051(k) of Title 18 of the Pennsylvania Consolidated Statutes is amended to read:
§ 3051. Civil causes of action.
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(k) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Sex trade." An act, which if proven beyond a reasonable doubt, could support a conviction for violation or attempted violation of Chapter 59 (relating to public indecency) or section 6312 (relating to sexual abuse of children).
"Victim of the sex trade." An individual who has:
(1) been the object of a solicitation for prostitution;
(2) been the object of a transaction in a sex act;
(3) been intended or compelled to engage in an act of prostitution;
(4) been intended or compelled to engage in a sex act;
(5) been described or depicted in material that advertises an intent or compulsion to engage in sex acts; or
(6) in the case of obscenity or child [pornography has] sexual abuse material, appeared in or been described or depicted in the offending conduct or material.
Section 2. Section 3131(a) and (c) of Title 18 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 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.
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(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 misdemeanor of the first degree, when the person depicted is a minor.
(ii) A misdemeanor of the second degree, when the person depicted is not a 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."
(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 this paragraph 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
(2) the production of which was substantially dependent upon technical means, including artificial intelligence 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.
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"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.
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Section 3. Section 6312(c), (d), (f)(3) and (g) of Title 18 are amended and subsection (f) is amended by adding a paragraph 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 [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.
(d) Child [pornography] sexual abuse material.--Any person who intentionally views or knowingly possesses or controls any [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.
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(f) Exceptions.--This section does not apply to any of the following:
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(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 of himself alone in a state of nudity as defined in section 6321.
(4) An artificial intelligence developer or its authorized employee or contractor, who, upon obtaining actual knowledge of the existence of artificially generated child sexual abuse material, as soon as reasonably possible reports the artificially generated child sexual abuse material to the National Center for Missing and Exploited Children, or any successor entity, in compliance with 18 U.S.C. § 2258A (relating to reporting requirements of providers) and 18 U.S.C. § 2258B (relating to limited liability for the reporting, storage, and handling of certain visual depictions of apparent child pornography to the National Center for Missing & Exploited Children).
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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:
"Artificial intelligence." As defined in section 3131 (relating to unlawful dissemination of intimate image).
"Artificial intelligence developer." A person that designs, codes or produces an artificial intelligence system and makes the system commercially available whether for payment or free of charge.
"Artificially generated child sexual abuse material." A book, magazine, pamphlet, slide, photograph, videotape, film, computer depiction or other material:
(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 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 4. 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.
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"Photo editing software." As defined in section 3131.
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"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.
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Section 5. Subchapter C heading of Chapter 76 of Title 18 is amended to read:
SUBCHAPTER C
INTERNET CHILD [PORNOGRAPHY] SEXUAL ABUSE MATERIAL
Section 6. The definition of "child pornography" in section 7621 of Title 18 is amended and the section is amended by adding a definition to read:
§ 7621. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Child pornography." [As described in section 6312 (relating to sexual abuse of children).] The term shall have the same meaning as child sexual abuse material.
"Child sexual abuse material." As described in section 6312(d) (relating to sexual abuse of children).
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Section 7. Sections 7622 and 7626(2) of Title 18 are amended to read:
§ 7622. Duty of Internet service provider.
An Internet service provider shall remove or disable access to child [pornography] sexual abuse material items residing on or accessible through its service in a manner accessible to persons located within this Commonwealth within five business days of when the Internet service provider is notified by the Attorney General pursuant to section 7628 (relating to notification procedure) that child [pornography] sexual abuse material items reside on or are accessible through its service.
§ 7626. Application for order to remove or disable items.
An application for an order of authorization to remove or disable items residing on or accessible through an Internet service provider's service shall be made to the court of common pleas having jurisdiction in writing upon the personal oath or affirmation of the Attorney General or a district attorney of the county wherein the items have been discovered and, if available, shall contain all of the following information:
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(2) A statement of the identity of the investigative or law enforcement officer that has, in the official scope of that officer's duties, discovered the child [pornography] sexual abuse material items.
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Section 8. Paragraph (4) of the definition of "eligible person" in section 4503 of Title 61 is amended to read:
§ 4503. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
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"Eligible person." A defendant or inmate convicted of a criminal offense who will be committed to the custody of the department and who meets all of the following eligibility requirements:
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(4) Has not been found guilty or previously convicted or adjudicated delinquent for violating any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation or criminal attempt, criminal solicitation or criminal conspiracy to commit any of these offenses:
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5901 (relating to open lewdness).
18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child [pornography] sexual abuse material).
Received a criminal sentence pursuant to 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms).
Any offense listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders).
Drug trafficking as defined in section 4103 (relating to definitions).
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Section 9. Paragraph (4) of the definition of "eligible offender" in section 4601 of Title 61 is amended to read:
§ 4601. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Eligible offender." A defendant or inmate convicted of a criminal offense who will be committed to the custody of the county and who meets all of the following eligibility requirements:
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(4) Has not been found guilty or previously convicted or adjudicated delinquent for violating any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation:
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5901 (relating to open lewdness).
18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child [pornography] sexual abuse material).
Received a criminal sentence pursuant to 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms).
Any offense for which registration is required under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).
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Section 10. Section 6137.1(a)(4) of Title 61 is amended to read:
§ 6137.1. Short sentence parole.
(a) General rule.--This section applies to persons committed to the department with an aggregate minimum sentence of confinement under 42 Pa.C.S. § 9756(b) (relating to sentence of total confinement) of two years or less or a recidivism risk reduction incentive minimum sentence under 42 Pa.C.S. § 9756(b.1) of two years or less, whichever is shorter. Regardless of sentence imposed, this section does not apply to:
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(4) persons committed for or with an aggregate sentence containing a violation of any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, including a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense:
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5901 (relating to open lewdness).
18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child [pornography] sexual abuse material).
A criminal sentence pursuant to 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms).
An offense listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).
An offense listed under 42 Pa.C.S. Ch. 97 Subch. I (relating to continued registration of sexual offenders).
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Section 11. This act shall take effect in 60 days.
APPROVED--The 29th day of October, A.D. 2024.
JOSH SHAPIRO
