Bill Summary – FastDemocracy

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         <--
 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.
    * * *
    (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 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.
    * * *
    (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] 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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Statutes/Laws affected: 
Printer's No. 1644: 18-3131(a)
Printer's No. 1679: 18-3131(a)