Pa House Rep. John Payne introduced legislation that would establish penalties for state employees who use Commonwealth-owned computers, networks or cellular phones to view and/or exchange pornography.

Read the bill - HB 780.

PRINTER'S NO. 923

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL 780

INTRODUCED BY PAYNE, BAKER, READSHAW, ACOSTA, D. COSTA, DeLUCA, DIAMOND, EVERETT, GILLEN, KORTZ, MALONEY, MOUL, MURT AND ROZZI,

MARCH 13, 2015

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 13, 2015

AN ACT

1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania

2 Consolidated Statutes, in computer offenses, providing for

3 misuse of a Commonwealth computer, computer network or

4 cellular phone.

6 hereby enacts as follows:

7 Section 1. Title 18 of the Pennsylvania Consolidated

8 Statutes is amended by adding a section to read:

9 § 7642. Misuse of Commonwealth computer, computer network or

10 cellular phone.

11 (a) Offense defined.--

12 (1) Except as authorized or required by his or her

13 official duties, an employee of the Commonwealth commits a

14 misdemeanor of the third degree if the employee knowingly

15 utilizes a Commonwealth-owned computer, computer network or

16 cellular phone to display, disseminate, view, access,

17 transfer, transmit or retransmit a photograph, video or other

18 visual depiction of explicit sexual materials.

The General Assembly of the Commonwealth of Pennsylvania

1 (2) Nothing under this section may supersede a

2 prosecution for conduct prohibited under section 6312

3 (relating to sexual abuse of children) or 5903 (relating to

4 obscene and other sexual materials and performances).

5 (b) Defense.--It shall be a defense under this section that

6 the employee received the prohibited depiction and viewed the

7 prohibited depiction without prior knowledge of the prohibited

8 depiction's contents, did not retransmit the prohibited

9 depiction and immediately reported the receipt of the prohibited

10 depiction to the employee's immediate supervisor.

11 (c) Definitions.--As used in this section, the following

12 words and phrases shall have the meanings given to them in this

13 subsection unless the context clearly indicates otherwise:

14 "Explicit sexual materials." Any image of a person or

15 portion of the human body which depicts nudity or sexual

16 conduct.

17 "Nudity." Showing of the human male or female genitals,

18 pubic area or buttocks with less than a fully opaque covering

19 or showing the female breast with less than a fully opaque

20 covering of any portion of the female breast below the top of

21 the nipple.

22 "Sexual conduct." Sexual intercourse, anal or oral sodomy,

23 sexual bestiality, masturbation, excretory functions or

24 sadomasochistic abuse.

25 Section 2. This act shall take effect in 60 days.

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