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 AND MAJOR, JANUARY 5, 2010

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 5, 2010  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, 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

Statutes 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

(relating to definitions), a depiction of himself or herself or

of another minor who is 13 years of age or older in a state of

nudity as defined in subsection 5903(e) (relating to obscene and

other sexual materials and performances) 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

(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.

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