HB 1585 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in other offenses, providing for prohibition against publishing or disseminating booking photographs for commercial use.

PRINTER'S NO.   1892

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1585
                                               Session of
                                                 2025

     INTRODUCED BY BERNSTINE, KAUFFMAN, ROWE AND ZIMMERMAN,
        JUNE 10, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JUNE 10, 2025


                                    AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in other offenses, providing for
 3      prohibition against publishing or disseminating booking
 4      photographs for commercial use.
 5      The General Assembly of the Commonwealth of Pennsylvania
 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   § 7518.   Prohibition against publishing or disseminating booking
10                photographs for commercial use.
11      (a)    Offense defined.--A person that is engaged in publishing
12   or otherwise disseminating a booking photograph is guilty of a
13   misdemeanor of the second degree if the person solicits or
14   accepts the payment of a fee or other consideration to remove,
15   correct, modify or refrain from publishing or otherwise
16   disseminating the booking photograph.
17      (b)    Separate violations.--Each payment or other
18   consideration solicited or accepted in violation of this section
19   constitutes a separate violation.
 1      (c)   Violation of Unfair Trade Practices and Consumer
 2   Protection Law.--Conduct that would constitute an offense under
 3   this section shall be deemed to be a violation of the act of
 4   December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade
 5   Practices and Consumer Protection Law.
 6      (d)   Venue.--An offense committed under this section is
 7   deemed to have been committed where the solicitation or
 8   acceptance of a fee or other consideration was made or received.
 9      (e)   Territorial applicability.--A person may be convicted
10   under the provisions of this section if the victim or offender
11   is located within this Commonwealth.
12      (f)   Definitions.--As used in this section, the following
13   words and phrases shall have the meanings given to them in this
14   subsection unless the context clearly indicates otherwise:
15      "Booking photograph."   A photograph or image of an individual
16   generated by law enforcement for identification purposes in
17   accordance with 61 Pa.C.S. § 1103 (relating to recording system
18   for identification of criminal offenders).
19      Section 2.   This act shall take effect in 60 days.




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