18c6318s

§ 6318.  Unlawful contact with minor.

(a)  Offense defined.--A person commits an offense if he is intentionally in contact with a minor, or a law enforcement officer acting in the performance of his duties who has assumed the identity of a minor, for the purpose of engaging in an activity prohibited under any of the following, and either the person initiating the contact or the person being contacted is within this Commonwealth:

(1)  Any of the offenses enumerated in Chapter 31 (relating to sexual offenses).

(2)  Open lewdness as defined in section 5901 (relating to open lewdness).

(3)  Prostitution as defined in section 5902 (relating to prostitution and related offenses).

(4)  Obscene and other sexual materials and performances as defined in section 5903 (relating to obscene and other sexual materials and performances).

(5)  Sexual abuse of children as defined in section 6312 (relating to sexual abuse of children).

(6)  Sexual exploitation of children as defined in section 6320 (relating to sexual exploitation of children).

(b)  Grading.--A violation of subsection (a) is:

(1)  an offense of the same grade and degree as the most serious underlying offense in subsection (a) for which the defendant contacted the minor; or

(2)  a felony of the third degree;

whichever is greater.

(b.1)  Concurrent jurisdiction to prosecute.--The Attorney General shall have concurrent prosecutorial jurisdiction with the district attorney for violations under this section and any crime arising out of the activity prohibited by this section when the person charged with a violation of this section contacts a minor through the use of a computer, computer system or computer network. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

(c)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Computer."  An electronic, magnetic, optical, hydraulic, organic or other high-speed data processing device or system which performs logic, arithmetic or memory functions and includes all input, output, processing, storage, software or communication facilities which are connected or related to the device in a computer system or computer network.

"Computer network."  The interconnection of two or more computers through the usage of satellite, microwave, line or other communication medium.

"Computer system."  A set of related, connected or unconnected computer equipment, devices and software.

"Contacts."  Direct or indirect contact or communication by any means, method or device, including contact or communication in person or through an agent or agency, through any print medium, the mails, a common carrier or communication common carrier, any electronic communication system and any telecommunications, wire, computer or radio communications device or system.

"Minor."  An individual under 18 years of age.

18c6318v

(Dec. 19, 1997, P.L.615, No.62, eff. imd.; Nov. 20, 2002, P.L.1104, No.134, eff. 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. 60 days; Nov. 29, 2006, P.L.1567, No.178, eff. Jan. 1, 2007)

 

2006 Amendment.  See the preamble to Act 178 in the appendix to this title for special provisions relating to legislative intent.

Cross References.  Section 6318 is referred to in section 5708 of this title; sections 5329, 6303, 6702 of Title 23 (Domestic Relations); sections 62A03, 9718.1, 9799.14 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice); section 4503 of Title 61 (Prisons and Parole).