PRINTER'S NO. 399
No. 386 Session of 2001
INTRODUCED BY O'PAKE, MELLOW, WAGNER, RHOADES, COSTA, MUSTO,
STOUT, BELL, BOSCOLA, BODACK, TARTAGLIONE, SCHWARTZ, LOGAN
AND KASUNIC, FEBRUARY 8, 2001
REFERRED TO JUDICIARY, FEBRUARY 8, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of sexual
3 exploitation of children.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6312 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6312. Sexual abuse of children.
9 (a) Definition.--As used in this section, "prohibited sexual
10 act" means sexual intercourse as defined in section 3101
11 (relating to definitions), masturbation, sadism, masochism,
12 bestiality, fellatio, cunnilingus, lewd exhibition of the
13 genitals or nudity if such nudity is depicted for the purpose of
14 sexual stimulation or gratification of any person who might view
15 such depiction.
16 (b) [Photographing, videotaping, depicting on computer or
17 filming] Causing a child to commit prohibited sexual acts.--Any
18 person who causes or knowingly permits a child under the age of
1 18 years to engage in a prohibited sexual act or in the
2 simulation of such act is guilty of a felony of the second
3 degree [if such person knows, has reason to know or intends that
4 such act may be photographed, videotaped, depicted on computer
5 or filmed].
6 (b.1) Photographing, videotaping, depicting on computer or
7 filming sexual acts.--Any person who knowingly photographs,
8 videotapes, depicts on computer or films a child under the age
9 of 18 years engaging in a prohibited sexual act or in the
10 simulation of such an act, or causes or knowingly permits such a
11 child to be photographed, videotaped, depicted on computer or
12 filmed, is guilty of a felony of the second degree.
13 (c) Dissemination of photographs, videotapes, computer
14 depictions and films.--Any person who knowingly sells,
15 distributes, delivers, disseminates, transfers, displays or
16 exhibits to others, or who possesses for the purpose of sale,
17 distribution, delivery, dissemination, transfer, display or
18 exhibition to others, any book, magazine, pamphlet, slide,
19 photograph, film, videotape, computer depiction or other
20 material depicting a child under the age of 18 years engaging in
21 a prohibited sexual act or in the simulation of such act is
22 guilty of a felony of the third degree.
23 (d) Possession of child pornography.--Any person who
24 knowingly possesses or controls any book, magazine, pamphlet,
25 slide, photograph, film, videotape, computer depiction or other
26 material depicting a child under the age of 18 years engaging in
27 a prohibited sexual act or in the simulation of such act is
28 guilty of a felony of the third degree.
29 (e) Evidence of age.--In the event a person involved in a
30 prohibited sexual act is alleged to be a child under the age of
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1 18 years, competent expert testimony shall be sufficient to
2 establish the age of said person.
3 (e.1) Mistake as to age.--Under subsection (b) only, it is
4 no defense that the defendant did not know the age of the child.
5 Neither a misrepresentation of age by the child nor a bona fide
6 belief that the person is over the specified age shall be a
7 defense.
8 (f) Exceptions.--This section does not apply to any material
9 that is possessed, controlled, brought or caused to be brought
10 into this Commonwealth, or presented for a bona fide
11 educational, scientific, governmental or judicial purpose.
12 Section 2. This act shall take effect in 60 days.
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