AN ACT

 

1Amending <-Title Titles 18 (Crimes and Offenses) and 42 (Judiciary
2and Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, <-further providing for the offense of sexual abuse 
4of children; and providing for sentencing for offenses 
5involving child pornography.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

<-8Section 1. Title 42 of the Pennsylvania Consolidated
9Statutes is amended by adding a section to read:

<-10Section 1. Section 6312 of Title 18 of the Pennsylvania
11Consolidated Statutes is amended by adding a subsection to read:

12§ 6312. Sexual abuse of children.

13* * *

14(d.1) Multiple offenses.--A person who at the time of
15sentencing has been convicted of another offense under this
16section shall be sentenced to the penalties associated with
17second or subsequent violations of this section. For purposes of

1this subsection, a person shall be deemed to have been convicted
2of another offense under this section whether or not judgment of
3sentence has been imposed for that violation.

4* * *

5Section 2. Title 42 is amended by adding a section to read:

6§ 9720.5. Sentencing for offenses involving child pornography.

7In addition to any minimum term of imprisonment authorized or
8established by law for the offense, the Pennsylvania Commission
9on Sentencing, in accordance with section 2154 (relating to
10adoption of guidelines for sentencing), shall provide for a
11sentence enhancement within its guidelines for an offense under
1218 Pa.C.S. § 6312 (relating to sexual abuse of children),
13specifying variations from the range of sentences applicable
14based on such aggravating circumstances as the age of the child,
15the number of images possessed by the defendant and the nature
16and character of the abuse depicted in the images.

17Section <-2 3. This act shall take effect in 60 days.