PRIOR PRINTER'S NOS. 328, 746
PRINTER'S NO. 2693
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY TOEPEL, GRELL, O'NEILL, PICKETT, O'BRIEN, STEPHENS, MAJOR, SCHLOSSBERG, KORTZ, YOUNGBLOOD, D. COSTA, RAPP, KAUFFMAN, M. K. KELLER, MILLARD, C. HARRIS, MOUL, SWANGER, PETRI, TALLMAN, HAHN, GINGRICH, V. BROWN, CLYMER, LAWRENCE, WATSON, GROVE, ROCK, MARSICO, DeLUCA, GILLEN, DENLINGER, DAY, CALTAGIRONE AND DAVIDSON, JANUARY 24, 2013
SENATOR GREENLEAF, JUDICIARY, REPORTED AS AMENDED, IN SENATE, NOVEMBER 19, 2013
1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, <-in sexual offenses, further providing for
4definitions; in minors, further providing for the offense of
5sexual abuse of children; and<-, in sentencing, providing for
6sentencing for offenses involving <-child pornography sexual
7abuse of children.
15§ 3101. Definitions.
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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
18this subsection, a person shall be deemed to have been convicted
19of another offense under this section whether or not judgment of
20sentence has been imposed for that violation.
23(1) Any person who causes or knowingly permits a child
24under the age of 18 years to engage in a prohibited sexual
25act or in the simulation of such act [is guilty of a felony
26of the second degree] commits an offense if such person
27knows, has reason to know or intends that such act may be
28photographed, videotaped, depicted on computer or filmed.
6[(1)] Any person who knowingly sells, distributes,
7delivers, disseminates, transfers, displays or exhibits to
8others, or who possesses for the purpose of sale,
9distribution, delivery, dissemination, transfer, display or
10exhibition to others, any book, magazine, pamphlet, slide,
11photograph, film, videotape, computer depiction or other
12material depicting a child under the age of 18 years engaging
13in a prohibited sexual act or in the simulation of such act
14commits an offense.
18(d) Child pornography.--
19[(1)] Any person who intentionally views or knowingly
20possesses or controls any book, magazine, pamphlet, slide,
21photograph, film, videotape, computer depiction or other
22material depicting a child under the age of 18 years engaging
23in a prohibited sexual act or in the simulation of such act
24commits an offense.
28(d.1) Grading.--The offenses shall be graded as follows:
6(3) When a person commits an offense graded under
7paragraph (1) or (2)(i) and indecent contact with the child
8as defined in section 3101 (relating to definitions) is
9depicted, the grading of the offense shall be one grade
10higher than the grade specified in paragraph (1) or (2)(i).
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<-16In addition to any minimum term of imprisonment authorized or
17established by law for the offense, the <-The Pennsylvania
18Commission on Sentencing, in accordance with section 2154
19(relating to adoption of guidelines for sentencing), shall
20provide for a sentence enhancement within its guidelines for an
21offense under 18 Pa.C.S. § 6312 (relating to sexual abuse of
22children), specifying variations from the range of sentences
23applicable based on such aggravating circumstances as the age of
24the child <-or a determination of prepubescence, the number of
25images possessed by the defendant and the nature and character
26of the abuse depicted in the images.