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, 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.
(b) Defense.–It is a defense to a prosecution under this section that the actor disseminated the visual depiction with the consent of the person depicted.
(c) Grading.–An offense under subsection (a) shall be:
(1) A misdemeanor of the first degree, when the person depicted is a minor.
(2) A misdemeanor of the second degree, when the person depicted is not a minor.
(d) Territorial applicability.–A person may be convicted under the provisions of this section if the victim or the offender is located within this Commonwealth.
(e) Nonapplicability.–Nothing in this section shall be construed to apply to a law enforcement officer engaged in the performance of the law enforcement officer’s official duties.
(f) 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), 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.
(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:
“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).
“Sexual conduct.” As defined in section 5903(e).
“Visual depiction.” As defined in section 6321.