THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GROVE, QUINN, BAKER, BEAR, BOYD, CARROLL, CLYMER, D. COSTA, CUTLER, GEIST, GINGRICH, GOODMAN, KAUFFMAN, MAHONEY, MOUL, MURT, READSHAW, SIPTROTH, TRUE, WATERS, YOUNGBLOOD, MAJOR AND SAYLOR, JANUARY 5, 2010

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 16, 2010   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for the offense of

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sexual abuse of children; and defining the offense of

dissemination of prohibited materials by minors via

electronic communications.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

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Statutes is amended by adding a section to read:

Section 1.  Section 6312(f) of Title 18 of the Pennsylvania

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Consolidated Statutes is amended to read:

§ 6312.  Sexual abuse of children.

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(f)  Exceptions.--This section does not apply to any material

that is viewed, possessed, controlled, brought or caused to be

brought into this Commonwealth, or presented for a bona fide

educational, scientific, governmental or judicial purpose. In

addition, this section shall not apply to the dissemination of

prohibited materials by minors via electronic communications as

set forth in section 6321 (relating to dissemination of

prohibited materials by minors via electronic communications).

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Section 2.  Title 18 is amended by adding a section to read:

§ 6321.  Dissemination of prohibited materials by minors via

electronic communications.

(a)  Offense defined.--Any minor who knowingly transmits in

an electronic communication, as defined in section 5702

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(relating to definitions), or disseminates a depiction of

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himself or herself or of another minor who is 13 years of age or

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older in a state of nudity as defined in subsection 5903(e)

(relating to obscene and other sexual materials and

performances) or possesses a depiction of another minor engaging

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in sexually explicit conduct commits a misdemeanor of the second

degree.

(b)  Applicability.--This section shall not apply to

electronic communications that depict either sexual intercourse

or deviate sexual intercourse, as defined in section 3101

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(relating to definitions), or the penetration, however slight,

of the genitals or anus of a minor with any part of a person's

body, masturbation, sadism or masochism. The transmission of an

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electronic communication depicting any of these acts shall be

subject to prosecution under section 6312 (relating to sexual

abuse of children).

(c)  Adjudication alternatives.-—As appropriate to the

circumstances, if a minor is accused of violating this section,

consideration shall be given to:

(1)  diversionary alternatives available prior to a law

enforcement officer's submission of a written allegation of

delinquency to the juvenile probation office; or

(2)  adjudicatory alternatives available subsequent to

the submission of a written allegation of delinquency,

including the opportunity for disposition through informal

adjustment as set forth in 42 Pa.C.S. § 6323 (relating to

informal adjustment) or entry of a consent decree pursuant to

42 Pa.C.S. § 6340 (relating to consent decree).

(d)  Expungement.--For juveniles who fulfill the conditions

of a diversionary alternative pursuant to subsection (c)(1) or

an informal adjustment pursuant to 42 Pa.C.S. § 6323, the

record, including any fingerprints or photographs taken under 42

Pa.C.S. § 6308(c) (relating to law enforcement records), shall

be expunged pursuant to section 9123(a)(1) (relating to juvenile

records). For juveniles who have successfully fulfilled the

conditions of a consent decree pursuant to 42 Pa.C.S. § 6340 the

record, including any fingerprints or photographs taken pursuant

to 42 Pa.C.S. § 6308(c), shall be expunged pursuant to section

9123(a)(2).

(e)  No secure detention or placement authorized.--A minor

alleged to be delinquent solely on the basis of the offense

cannot be detained in a secure facility under 42 Pa.C.S. § 6327

(relating to place of detention). A minor adjudicated delinquent

where this offense is the only offense substantiated under 42

Pa.C.S. § 6341 (relating to adjudication) shall not be subject

to commitment to a secure facility pursuant to a disposition

ordered by the court under 42 Pa.C.S. § 6352 (relating to

disposition of delinquent child).

(f)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Electronic communication."  As defined in section 5702

(relating to definitions).

"Minor."  Any person 13 years of age or older and under 18

years of age.

"Nudity."  As defined in section 5903(e) (relating to obscene

and other sexual materials and performances).

"Sexually explicit conduct."  A lewd or lascivious exhibition

of the minor's genitals, pubic area, breasts or buttocks or

nudity if such nudity is depicted for the purpose of sexual

stimulation or gratification of any person who might view such

depiction.

"Sexual intercourse."  As defined in section 3101 (relating

to definitions).

Section 2 3.  This act shall take effect in 60 days.

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