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PRIOR PRINTER'S NO. 2945 PRINTER'S NO. 3573
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2252
Session of
2026
INTRODUCED BY KINKEAD, POWELL, ISAACSON, HILL-EVANS, FREEMAN,
CEPEDA-FREYTIZ, McNEILL, GILLEN, FLEMING, SANCHEZ, MAYES,
OTTEN, PIELLI, MERSKI, BOROWSKI, INGLIS, SHUSTERMAN, MADDEN,
PROBST, BURGOS, D. WILLIAMS, BOYD, HOHENSTEIN, STEELE AND
T. DAVIS, FEBRUARY 26, 2026
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 9, 2026
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3131(a), (b), (c) and (g) of Title 18 of
the Pennsylvania Consolidated Statutes, amended or added October
29, 2024 (P.L.1095, No.125), are amended and the section is
amended by adding subsections 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
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of intimate image if[, with intent to harass, annoy or alarm
another,] the person NEGLIGENTLY disseminates:
(1) [A visual depiction of the current or former sexual
or intimate partner in a state of nudity or engaged in sexual
conduct.] An intimate image of an individual.
(2) An artificially generated [sexual depiction]
intimate image of an individual.
(a.1) Multiple images.--Dissemination of multiple intimate
images of the same individual as part of a common act shall
constitute a single offense under this section.
(b) Defense.--It is a defense to a prosecution under this
section that the actor disseminated the [visual depiction]
intimate image with the consent of the person depicted.
(c) Grading.--
(1) An offense under subsection (a)(1) shall be:
(i) A misdemeanor of the first degree, when the
person depicted is a minor.
(ii) A misdemeanor of the [second] THIRD degree,
when the person depicted is not a minor.
(iii) A misdemeanor of the first degree if the
dissemination is done with any of the following:
(A) The intent to harass or alarm.
(B) The intent to cause physical, mental,
economic or reputational harm to the person depicted.
(C) The intent to obtain profit or pecuniary
gain.
(D) The purpose of sexual arousal, sexual
gratification, humiliation or degradation.
(2) An offense under subsection (a)(2) shall be:
(i) A misdemeanor of the first degree, when the
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person depicted is a minor.
(ii) A misdemeanor of the [second] THIRD degree,
when the person depicted is not a minor.
(iii) A misdemeanor of the first degree if the
dissemination is done with any of the following:
(A) The intent to harass or alarm.
(B) The intent to cause physical, mental,
economic or reputational harm to the person depicted.
(C) The intent to obtain profit or pecuniary
gain.
(D) The purpose of sexual arousal, sexual
gratification, humiliation or degradation.
(c.1) Statute of limitations.--A prosecution under this
section must be commenced within five years after the commission
of the offense or within three years after the date the victim
discovers the offense or reasonably should have discovered the
offense through the exercise of due diligence, whichever is
later.
* * *
(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
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(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.]
"Artificially generated intimate image." An image that:
(1) appears to authentically depict an intimate image of
an individual that did not occur in reality; or
(2) was produced substantially by technical means,
including artificial intelligence or photo editing software,
rather than by the ability of another person to physically
impersonate the individual.
"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.
" Intimate image. " A still or video image OF AN IDENTIFIABLE
INDIVIDUAL that depicts:
(1) the wholly or partially uncovered genitals, pubic
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area, anus or postpubescent female nipple or areola of an
individual;
(2) the display or transfer of semen or vaginal
secretion; or
(3) sexually explicit SEXUAL conduct.
"Law enforcement officer." Any officer of the United States,
of the Commonwealth or political subdivision thereof, or of
another state or subdivision thereof, who is empowered to
conduct investigations of or to make arrests for offenses
enumerated in this title or an equivalent crime in another
jurisdiction, and any attorney authorized by law to prosecute or
participate in the prosecution of such offense.
"Minor." An individual under 18 years of age.
["Nudity." As defined in section 5903(e).]
"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.
["Sexual conduct." As defined in section 5903(e).
["Visual depiction." As defined in section 6321.]
SECTION 2. SECTION 6312 OF TITLE 18 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 6312. SEXUAL ABUSE OF CHILDREN.
* * *
(D.2) SENTENCING ENHANCEMENT.--THE PENNSYLVANIA COMMISSION
ON SENTENCING, IN ACCORDANCE WITH 42 PA.C.S. § 2154 (RELATING TO
ADOPTION OF GUIDELINES FOR SENTENCING), SHALL PROVIDE FOR A
SENTENCING ENHANCEMENT FOR THE COURTS TO CONSIDER IN CASES
INVOLVING A VIOLATION OF SUBSECTION (B), (C) OR (D) IF THE CHILD
DEPICTED WAS A DESCENDANT, INCLUDING A STEPCHILD,
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STEPGRANDCHILD, BROTHER, SISTER, NEPHEW, NIECE, COUSIN OR OTHER
RELATIVE OF THE DEFENDANT.
* * *
Section 2 3. This act shall take effect in 60 days.
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