PRINTER'S NO. 2009
No. 1435 Session of 2002
INTRODUCED BY COSTA, GREENLEAF, BOSCOLA, HELFRICK, BELL,
KASUNIC, KITCHEN, LAVALLE, LOGAN, MUSTO, O'PAKE, STACK,
TARTAGLIONE, WAUGH, A. WILLIAMS, MOWERY AND TOMLINSON,
MAY 14, 2002
REFERRED TO JUDICIARY, MAY 14, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offenses of
3 obscene and other sexual materials and for performances and
4 for sexual abuse of children.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "material" in section 5903(b)
8 of Title 18 of the Pennsylvania Consolidated Statutes is amended
9 to read:
10 § 5903. Obscene and other sexual materials and performances.
11 * * *
12 (b) Definitions.--As used in this section, the following
13 words and phrases shall have the meanings given to them in this
14 subsection:
15 * * *
16 "Material." Any literature, including any book, magazine,
17 pamphlet, newspaper, storypaper, bumper sticker, comic book or
18 writing; any figure, visual representation, or image, including
1 any drawing, photograph, picture, videotape [or], motion picture
2 or computer-generated image.
3 * * *
4 Section 2. Section 6312(a), (b), (c) and (d) of Title 18 are
5 amended and the section is amended by adding a subsection to
6 read:
7 § 6312. Sexual abuse of children.
8 [(a) Definition.--As used in this section, "prohibited
9 sexual act" means sexual intercourse as defined in section 3101
10 (relating to definitions), masturbation, sadism, masochism,
11 bestiality, fellatio, cunnilingus, lewd exhibition of the
12 genitals or nudity if such nudity is depicted for the purpose of
13 sexual stimulation or gratification of any person who might view
14 such depiction.]
15 (b) Photographing, videotaping, depicting on computer or
16 filming sexual acts.--Any person who causes or knowingly permits
17 a child under the age of 18 years to engage in a prohibited
18 sexual act or in the simulation of such act is guilty of a
19 felony of the second degree if such person knows, has reason to
20 know or intends that such act may be photographed, videotaped,
21 depicted on computer or filmed. Any person who knowingly
22 photographs, videotapes, depicts on computer or films a child or
23 creates any obscene computer-generated image depicting what
24 appears to be a child under the age of 18 years engaging in a
25 [prohibited] sexual act or in the simulation of such an act is
26 guilty of a felony of the second degree.
27 (c) Dissemination of photographs, videotapes, computer
28 depictions and films.--Any person who knowingly sells,
29 distributes, delivers, disseminates, transfers, displays or
30 exhibits to others, or who possesses for the purpose of sale,
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1 distribution, delivery, dissemination, transfer, display or
2 exhibition to others, any book, magazine, pamphlet, slide,
3 photograph, film, videotape, computer depiction or other
4 material depicting a child or any obscene computer-generated
5 image depicting what appears to be a child under the age of 18
6 years engaging in a [prohibited] sexual act or in the simulation
7 of such act is guilty of a felony of the third degree.
8 (d) Possession of child pornography.--Any person who
9 knowingly possesses or controls any book, magazine, pamphlet,
10 slide, photograph, film, videotape, computer depiction or other
11 material depicting a child or any obscene computer-generated
12 image depicting what appears to be a child under the age of 18
13 years engaging in a [prohibited] sexual act or in the simulation
14 of such act is guilty of a felony of the third degree.
15 * * *
16 (g) Definitions.--As used in this section, the following
17 words and phrases shall have the meanings given to them in this
18 subsection:
19 "Community." For the purpose of applying the "contemporary
20 community standards" in this section, the term means this
21 Commonwealth.
22 "Material." Any literature, including any book, magazine,
23 pamphlet, newspaper, storypaper, bumper sticker, comic book or
24 writing; any figure, visual representation, or image, including
25 any drawing, photograph, picture, videotape, motion picture or
26 computer-generated image.
27 "Obscene." Any material if:
28 (1) The average person applying contemporary community
29 standards would find that the subject matter taken as a whole
30 appeals to the prurient interest.
20020S1435B2009 - 3 -
1 (2) The subject matter depicts or describes in a
2 patently offensive way, sexual conduct of a type described in
3 this section.
4 (3) The subject matter, taken as a whole, lacks serious
5 literary, artistic, political, educational or scientific
6 value.
7 "Sexual act." Any of the following activities: sexual
8 intercourse as defined in section 3101 (relating to
9 definitions), masturbation, sadism, masochism, bestiality,
10 fellatio, cunnilingus, sadomasochism, lewd exhibition of the
11 genitals or nudity if such nudity is depicted for the purpose of
12 sexual stimulation or gratification of any person who might view
13 such depiction.
14 Section 3. This act shall take effect in 60 days.
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