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                                                       PRINTER'S NO. 540

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 476 Session of 1997


        INTRODUCED BY BAKER, YOUNGBLOOD, HENNESSEY, MARKOSEK, MELIO,
           READSHAW, DiGIROLAMO, COY, KENNEY, MICOZZIE, FARGO, LEDERER,
           BARLEY, BIRMELIN, ARMSTRONG, SCHULER, SHANER, E. Z. TAYLOR,
           LAUGHLIN, ALLEN, BARRAR, WALKO, HERSHEY, TRUE, RUBLEY,
           BROWNE, STEELMAN, HERMAN, LYNCH, TRELLO, MAITLAND, B. SMITH,
           RAMOS, STABACK, PETRARCA, ADOLPH, CORRIGAN, TIGUE, DeLUCA,
           ROHRER, HUTCHINSON, SEYFERT, ROBERTS, HESS, BENNINGHOFF,
           MILLER, STERN, BOSCOLA AND COLAFELLA, FEBRUARY 12, 1997

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 1997

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for sexual abuse of
     3     children.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6312(c) and (d) of Title 18 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 6312.  Sexual abuse of children.
     9     * * *
    10     (c)  Dissemination of photographs, videotapes, computer
    11  depictions and films.--[Any]
    12         (1)  Except as provided in paragraph (2), any person who
    13     knowingly sells, distributes, delivers, disseminates,
    14     transfers, displays or exhibits to others, or who possesses
    15     for the purpose of sale, distribution, delivery,


     1     dissemination, transfer, display or exhibition to others, any
     2     book, magazine, pamphlet, slide, photograph, film, videotape,
     3     computer depiction or other material depicting a child under
     4     the age of 18 years engaging in a prohibited sexual act or in
     5     the simulation of such act is guilty of a felony of the third
     6     degree.
     7         (2)  Any person who, within 1,000 feet of the real
     8     property on which is located a public, private or parochial
     9     school, a church or a residence, knowingly sells,
    10     distributes, delivers, disseminates, transfers, displays or
    11     exhibits to others, or who possesses for the purpose of sale,
    12     distribution, delivery, dissemination, transfer, display or
    13     exhibition to others, any book, magazine, pamphlet, slide,
    14     photograph, film, videotape or other material depicting a
    15     child under the age of 17 years engaging in a prohibited
    16     sexual act or in the simulation of a prohibited sexual act is
    17     guilty of a felony of the second degree.
    18     (d)  Possession of child pornography.--[Any]
    19         (1)  Except as provided in paragraph (2), any person who
    20     knowingly possesses or controls any book, magazine, pamphlet,
    21     slide, photograph, film, videotape, computer depiction or
    22     other material depicting a child under the age of 18 years
    23     engaging in a prohibited sexual act or in the simulation of
    24     such act is guilty of a felony of the third degree.
    25         (2)  Any person who, within 1,000 feet of the real
    26     property on which is located a public, private or parochial
    27     school, a church or a residence, knowingly possesses or
    28     controls any book, magazine, pamphlet, slide, photograph,
    29     film, videotape or other material depicting a child under the
    30     age of 17 years engaging in a prohibited sexual act or in the
    19970H0476B0540                  - 2 -

     1     simulation of a prohibited sexual act is guilty of a felony
     2     of the second degree.
     3     * * *
     4     Section 2.  This act shall take effect in 60 days.


















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