7507.1 - Invasion of privacy.

     § 7507.1.  Invasion of privacy.        (a)  Offense defined.--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 does any of the following:            (1)  Views, photographs, videotapes, electronically        depicts, films or otherwise records another person without        that person's knowledge and consent while that person is in a        state of full or partial nudity and is in a place where 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 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 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 offense occurred; or            (2)  if the victim did not realize at the time that there        was an offense, within three years of the time the victim        first learns of the offense.        (d)  Exceptions.--Subsection (a) shall not apply if the     conduct proscribed by subsection (a) is done by any of the     following:            (1)  Law enforcement officers during a lawful criminal        investigation.            (2)  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.        "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.        "Views."  Looking upon another person with the unaided eye or     with any device designed or intended to improve visual acuity.     (Mar. 24, 1998, P.L.215, No.38, eff. 60 days; Nov. 16, 2005,     P.L.378, No.69, eff. 60 days)        Cross References.  Section 7507.1 is referred to in section     8317 of Title 42 (Judiciary and Judicial Procedure).