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                                                      PRINTER'S NO. 3835

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2569 Session of 2006


        INTRODUCED BY GOODMAN, BARRAR, BELARDI, BELFANTI, BEYER,
           BIANCUCCI, BOYD, CALTAGIRONE, CAUSER, CAWLEY, CORNELL,
           CRAHALLA, DeWEESE, DIVEN, FABRIZIO, FAIRCHILD, GEIST,
           GILLESPIE, GRUCELA, HARPER, HARRIS, HESS, HICKERNELL,
           KAUFFMAN, M. KELLER, KOTIK, LEACH, MAITLAND, MANN, MARKOSEK,
           MICOZZIE, PAYNE, PETRARCA, PHILLIPS, PISTELLA, READSHAW,
           REED, RUBLEY, SATHER, SAYLOR, SCHRODER, SIPTROTH, STABACK,
           STERN, TANGRETTI, J. TAYLOR, THOMAS, TIGUE, WALKO, WATSON AND
           YOUNGBLOOD, APRIL 4, 2006

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 4, 2006

                                     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.

     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, amended November 10, 2005 (P.L.330,
     8  No.64), is amended to read:
     9  § 2910.  Luring a child into a motor vehicle or structure.
    10     (a)  Offense.--Unless the circumstances reasonably indicate
    11  that the child is in need of assistance, a person who lures or
    12  attempts to lure a child into a motor vehicle or structure
    13  without the consent, express or implied, of the child's parent
    14  or guardian commits a [misdemeanor of the first] felony of the
    15  third degree.

     1     (b)  Affirmative defense.--It shall be an affirmative defense
     2  to a prosecution under this section that the person lured or
     3  attempted to lure the child into the structure for a lawful
     4  purpose.
     5     (c)  Definitions.--As used in this section, the following
     6  words and phrases shall have the meanings given to them in this
     7  subsection:
     8     "Motor vehicle."  Every self-propelled device in, upon or by
     9  which any person or property is or may be transported or drawn
    10  on a public highway.
    11     "Structure."  A house, apartment building, shop, warehouse,
    12  barn, building, vessel, railroad car, cargo container, house
    13  car, trailer, trailer coach, camper, mine, floating home or
    14  other enclosed structure capable of holding a child, which is
    15  not open to the general public.
    16     Section 2.  This act shall take effect in 60 days.










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