AN ACT

 

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.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

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

<-12Section 1. The definition of "indecent contact" in section
133101 of Title 18 of the Pennsylvania Consolidated Statutes is 
14amended to read:

15§ 3101. Definitions.

16Subject to additional definitions contained in subsequent
17provisions of this chapter which are applicable to specific

1provisions of this chapter, the following words and phrases when
2used in this chapter shall have, unless the context clearly
3indicates otherwise, the meanings given to them in this section:

4* * *

5"Indecent contact." Any touching of the sexual or other
6intimate parts of the person for the purpose of arousing or
7gratifying sexual desire, in [either] any person.

8* * *

9Section 2. Section 6312(b), (c) and (d) of Title 18 are
10amended and the section is amended by adding a subsection to
11read:

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.

<-21(b) Photographing, videotaping, depicting on computer or
22filming sexual acts.--

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.

29(2)  Any person who knowingly photographs, videotapes,
30depicts on computer or films a child under the age of 18

1years engaging in a prohibited sexual act or in the
2simulation of such an act [is guilty of a felony of the
3second degree] commits an offense.

4(c) Dissemination of photographs, videotapes, computer
5depictions and films.--

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.

15[(2) A first offense under this subsection is a felony
16of the third degree, and a second or subsequent offense under
17this subsection is a felony of the second degree.]

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.

25[(2) A first offense under this subsection is a felony
26of the third degree, and a second or subsequent offense under
27this subsection is a felony of the second degree.]

28(d.1) Grading.--The offenses shall be graded as follows:

29(1) Except as provided in paragraph (3), an offense
30under subsection (b) is a felony of the second degree.

1(2) (i) Except as provided in paragraph (3), a first
2offense under subsection (c) or (d) is a felony of the
3third degree.

4(ii) A second or subsequent offense under subsection
5(c) or (d) is a felony of the second degree.

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).

11* * *

12Section <-2 3. Title 42 is amended by adding a section to
13read:

14§ 9720.5. Sentencing for offenses involving <-child pornography
<-15sexual abuse of children.

<-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.

27Section 3 4. This act shall take effect <-in 60 days January 
281, 2014, or immediately, whichever occurs later.

 

See other bills
under the
same topic