PRINTER'S NO. 175
No. 170 Session of 2003
INTRODUCED BY COSTA, GREENLEAF, KITCHEN, HELFRICK, WAGNER,
MUSTO, RAFFERTY, LOGAN, MOWERY, TARTAGLIONE, ORIE, O'PAKE,
TOMLINSON, M. WHITE, WOZNIAK, KASUNIC, CORMAN AND BOSCOLA,
FEBRUARY 5, 2003
REFERRED TO JUDICIARY, FEBRUARY 5, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offenses of
3 obscene and other sexual materials and for performances and
4 for sexual abuse of children.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "material" in section 5903(b)
8 of Title 18 of the Pennsylvania Consolidated Statutes is amended
9 to read:
10 § 5903. Obscene and other sexual materials and performances.
11 * * *
12 (b) Definitions.--As used in this section, the following
13 words and phrases shall have the meanings given to them in this
14 subsection:
15 * * *
16 "Material." Any literature, including any book, magazine,
17 pamphlet, newspaper, storypaper, bumper sticker, comic book or
18 writing; any figure, visual representation, or image, including
1 any drawing, photograph, picture, videotape [or], motion picture
2 or computer-generated image.
3 * * *
4 Section 2. Section 6312(a), (b), (c) and (d) of Title 18,
5 amended November 20, 2002 (P.L.1104, No.134), are amended and
6 the section is amended by adding a subsection to read:
7 § 6312. Sexual abuse of children.
8 [(a) Definition.--As used in this section, "prohibited
9 sexual act" means sexual intercourse as defined in section 3101
10 (relating to definitions), masturbation, sadism, masochism,
11 bestiality, fellatio, cunnilingus, lewd exhibition of the
12 genitals or nudity if such nudity is depicted for the purpose of
13 sexual stimulation or gratification of any person who might view
14 such depiction.]
15 (b) Photographing, videotaping, depicting on computer or
16 filming sexual acts.--Any person who causes or knowingly permits
17 a child under the age of 18 years to engage in a prohibited
18 sexual act or in the simulation of such act is guilty of a
19 felony of the second degree if such person knows, has reason to
20 know or intends that such act may be photographed, videotaped,
21 depicted on computer or filmed. Any person who knowingly
22 photographs, videotapes, depicts on computer or films a child or
23 creates any obscene computer-generated image depicting what
24 appears to be a child under the age of 18 years engaging in a
25 [prohibited] sexual act or in the simulation of such an act is
26 guilty of a felony of the second degree.
27 (c) Dissemination of photographs, videotapes, computer
28 depictions and films.--
29 (1) Any person who knowingly sells, distributes,
30 delivers, disseminates, transfers, displays or exhibits to
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1 others, or who possesses for the purpose of sale,
2 distribution, delivery, dissemination, transfer, display or
3 exhibition to others, any book, magazine, pamphlet, slide,
4 photograph, film, videotape, computer depiction or other
5 material depicting a child or any obscene computer-generated
6 image depicting what appears to be a child under the age of
7 18 years engaging in a [prohibited] sexual act or in the
8 simulation of such act commits an offense.
9 (2) A first offense under this subsection is a felony of
10 the third degree, and a second or subsequent offense under
11 this subsection is a felony of the second degree.
12 (d) Possession of child pornography.--
13 (1) Any person who knowingly possesses or controls any
14 book, magazine, pamphlet, slide, photograph, film, videotape,
15 computer depiction or other material depicting a child or any
16 obscene computer-generated image depicting what appears to be
17 a child under the age of 18 years engaging in a [prohibited]
18 sexual act or in the simulation of such act commits an
19 offense.
20 (2) A first offense under this subsection is a felony of
21 the third degree, and a second or subsequent offense under
22 this subsection is a felony of the second degree.
23 * * *
24 (g) Definitions.--As used in this section, the following
25 words and phrases shall have the meanings given to them in this
26 subsection:
27 "Community." For the purpose of applying the "contemporary
28 community standards" in this section, the term means this
29 Commonwealth.
30 "Material." Any literature, including any book, magazine,
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1 pamphlet, newspaper, storypaper, bumper sticker, comic book or
2 writing; any figure, visual representation, or image, including
3 any drawing, photograph, picture, videotape, motion picture or
4 computer-generated image.
5 "Obscene." Any material if:
6 (1) The average person applying contemporary community
7 standards would find that the subject matter taken as a whole
8 appeals to the prurient interest.
9 (2) The subject matter depicts or describes in a
10 patently offensive way, sexual conduct of a type described in
11 this section.
12 (3) The subject matter, taken as a whole, lacks serious
13 literary, artistic, political, educational or scientific
14 value.
15 "Sexual act." Any of the following activities: sexual
16 intercourse as defined in section 3101 (relating to
17 definitions), masturbation, sadism, masochism, bestiality,
18 fellatio, cunnilingus, sadomasochism, lewd exhibition of the
19 genitals or nudity if such nudity is depicted for the purpose of
20 sexual stimulation or gratification of any person who might view
21 such depiction.
22 Section 3. This act shall take effect in 60 days.
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