Pennsylvania Act 2005-69 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - INVASION OF PRIVACY AND ACTIONS INVOLVING PRODUCTS OR SERVICES USED TO INVADE PRIVACY

Act text

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - INVASION OF
PRIVACY AND ACTIONS INVOLVING PRODUCTS OR SERVICES USED TO INVADE PRIVACY
                  Act of Nov. 16, 2005, P.L. 378, No. 69              Cl. 18
                             Session of 2005
                               No. 2005-69

     HB 761

                                  AN ACT

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, further providing for the offense of invasion of
        privacy; and providing for actions involving products or
        services used to invade privacy.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 7507.1 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 7507.1.  Invasion of privacy.
        (a)  Offense defined.--[A] 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 [views] does any of the following:
            (1)  Views, photographs [or], videotapes, electronically
        depicts, films or otherwise records another person without
        that person's knowledge and consent while [the] that person
        [being viewed, photographed or filmed] is in a state of full
        or partial nudity and is in a place where [the] 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 [viewed, photographed or filmed
        during] 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 [is viewed, photographed or
        filmed] 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 [viewing, photographing
        or filming] offense occurred; or
            (2)  if the [person who was viewed, photographed or
        filmed] victim did not realize at the time that [he was being
        viewed, photographed or filmed] there was an offense, within
        three years of the time the [person] victim first learns
        [that he was viewed, photographed or filmed] of the offense.
        (d)  Exceptions.--Subsection (a) shall not apply [to] if the
     conduct proscribed by subsection (a) is done by any of the
     following:
            (1)  [Viewing, photographing or filming by law] Law
        enforcement officers during a lawful criminal investigation.
            (2)  [Viewing, photographing or filming by law] 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
     subsection:
        "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 [for the purpose of arousing or
     gratifying the sexual desire of any 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
     another.
        ["Same course of conduct."  Filming more than one person in
     full or partial nudity under the same or similar circumstances
     pursuant to one scheme or course of conduct, whether at the same
     or different times.]
        "Views."  Looking upon another person with the unaided eye or
     with any device designed or intended to improve visual acuity.
     [for the purpose of arousing or gratifying the sexual desire of
     any person.]
        Section 2.  Title 42 is amended by adding a section to read:
      § 8317.  Actions involving products or services used to invade
                privacy.
        No person shall have a cause of action against a manufacturer
     of a device or a provider of a product or service that is used
     to commit a violation of 18 Pa.C.S. § 7507.1 (relating to
     invasion of privacy).
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 16th day of November, A. D. 2005.

     EDWARD G. RENDELL