§ 3133. Sexual extortion
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: September 9, 2022
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses (Refs & Annos)
Article B. Offenses Involving Danger to the Person (Refs & Annos)
Chapter 31. Sexual Offenses (Refs & Annos)
Subchapter B. Definition of Offenses (Refs & Annos)
Effective: September 9, 2022
18 Pa.C.S.A. § 3133
§ 3133. Sexual extortion
<Section 2 of 2022, July 11, P.L. 772, No. 75, provides that the addition of 18 Pa.C.S.A § 3133(e)(2) shall apply to offenses committed on or after Sept. 9, 2022.>
(1) solicits or demands the payment of money, property or services or any other thing of value from the complainant or a family or household member of the complainant in exchange for removing from public view or preventing the disclosure of any image, video, recording or other material obtained through a violation of subsection (a)(2); or
(2) disseminates, transmits or distributes, or threatens to disseminate, transmit or distribute, an image, video, recording or other material depicting the complainant in a state of nudity or engaging in sexual conduct or the simulation of sexual conduct to another person or entity, including a commercial social networking site, and solicits or demands the payment of money, property or services or any other thing of value from the complainant or a family or household member of the complainant in exchange for removing from public view or preventing disclosure of the image, video, recording or other material.
(h) Concurrent jurisdiction to prosecute.--In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L. 950, No. 164),1 known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for any violation of this section or any series of violations involving more than one county of this Commonwealth or another state. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if a challenge is made, the challenge shall be dismissed, and no relief shall be made available in the courts of this Commonwealth to the person making the challenge.
“Commercial social networking site.” A business, organization or other similar entity that operates an Internet website and permits persons to become registered users for the purposes of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users. The term does not include an electronic mail program or a message board program.
“Course of conduct.” A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct.
“Disseminate.” To cause or make an electronic or actual communication from one place or electronic communication device to two or more other persons, places or electronic communication devices.
“Distribute.” To sell, lend, rent, lease, give, advertise, publish or exhibit in a physical or electronic medium.
“Family or household member.” As defined in section 2709.1(f) (relating to stalking).
“Intellectual disability.” Regardless of the age of the individual, significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two of the following skill areas: communication; self-care; home living; social and interpersonal skills; use of community resources’; self-direction; functional academic skills; work; health; and safety.
“Nudity.” As defined in section 5903(e) (relating to obscene and other sexual materials and performances).
“Sexual conduct.” Any of the following:
“Simulation.” Conduct engaged in that is depicted in a manner that would cause a reasonable viewer to believe was sexual conduct, even if sexual conduct did not occur.
“Transmit.” To cause or make an electronic or actual communication from one place or electronic communication device to another person, place or electronic communication device.
Credits
2019, Nov. 27, P.L. 691, No. 100, § 1, effective in 60 days [Jan. 27, 2020]. Amended 2022, July 11, P.L. 772, No. 75, § 1, effective in 60 days [Sept. 9, 2022].
Footnotes
71 P.S. § 732-101 et seq.
18 Pa.C.S.A. § 3133, PA ST 18 Pa.C.S.A. § 3133
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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