PRIOR PRINTER'S NOS. 837, 1913 PRINTER'S NO. 2136
No. 746 Session of 2005
INTRODUCED BY O'BRIEN, BAKER, BARRAR, BASTIAN, BEBKO-JONES,
BELARDI, BELFANTI, BLAUM, BUTKOVITZ, CALTAGIRONE, CAPPELLI,
CAWLEY, CORRIGAN, CRAHALLA, CREIGHTON, DALEY, DeLUCA,
DENLINGER, DeWEESE, EACHUS, FAIRCHILD, FLEAGLE, FRANKEL,
GANNON, GEIST, GEORGE, GINGRICH, GOOD, GRELL, GRUCELA,
HERSHEY, HESS, HICKERNELL, W. KELLER, KILLION, LEDERER,
LESCOVITZ, MACKERETH, MARSICO, McNAUGHTON, METCALFE,
R. MILLER, O'NEILL, PAYNE, PETRARCA, PICKETT, PRESTON,
READSHAW, REICHLEY, SAYLOR, SCAVELLO, SCHRODER, SHANER,
SOLOBAY, STABACK, STERN, SURRA, E. Z. TAYLOR, THOMAS, TIGUE,
TRUE, WALKO, WATERS, WHEATLEY, KAUFFMAN, McILHINNEY,
GILLESPIE, HENNESSEY, HARPER, RAPP, PYLE, PALLONE AND MELIO,
MARCH 1, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 8, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offense of
3 luring a child into a motor vehicle or structure.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2910 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 2910. Luring a child into a motor vehicle or structure.
9 [A person who lures] (a) Offense.--Unless the circumstances
10 reasonably indicate that the child is in need of assistance, a
11 person who lures or attempts to lure a child into a motor
12 vehicle or structure without the consent, express or implied, of
1 the child's parent or guardian[, unless the circumstances
2 reasonably indicate that the child is in need of assistance,]
3 commits a misdemeanor of the first degree.
4 (B) AFFIRMATIVE DEFENSE.--IT SHALL BE AN AFFIRMATIVE DEFENSE <--
5 TO A PROSECUTION UNDER THIS SECTION THAT THE PERSON LURED OR
6 ATTEMPTED TO LURE THE CHILD INTO THE STRUCTURE FOR A LAWFUL
7 PURPOSE.
8 (b) (C) Definitions.--As used in this section, the following <--
9 words and phrases shall have the meanings given to them in this
10 subsection:
11 "Motor vehicle." Every self-propelled device in, upon or by
12 which any person or property is or may be transported or drawn
13 on a public highway.
14 "Structure." A house, apartment building, shop, warehouse,
15 barn, building, vessel, railroad car, cargo container, house
16 car, trailer, trailer coach, camper, mine, floating home or
17 other enclosed structure capable of holding a child, WHICH IS <--
18 NOT OPEN TO THE GENERAL PUBLIC.
19 Section 2. This act shall take effect in 60 days.
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