PRINTER'S NO. 1870
No. 1566 Session of 1987
INTRODUCED BY SWEET, HAGARTY, DORR, ITKIN, MOEHLMANN, DAWIDA,
LASHINGER, PRESSMANN, HECKLER, McHALE, WOGAN, MORRIS,
BORTNER, RYBAK, COY, HALUSKA, LaGROTTA, NAHILL, SIRIANNI,
SAURMAN, CLYMER, CORRIGAN, MRKONIC, STABACK, ANGSTADT, TIGUE,
MERRY, S. H. SMITH, NOYE, SEMMEL, MELIO, BUNT, RAYMOND,
HAYDEN, TRELLO, CHADWICK, D. R. WRIGHT, E. Z. TAYLOR,
GODSHALL, CORNELL, FOX, PERZEL, D. W. SNYDER, HERMAN, VEON,
GRUPPO, DeLUCA, CIVERA AND ARTY, JUNE 17, 1987
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 17, 1987
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for offenses against
3 children.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2908 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subsection to read:
8 § 2908. Missing children.
9 * * *
10 (a.1) Unidentified deceased children.--Law enforcement
11 agencies and coroners shall, with respect to unidentified
12 deceased children, have the duty to make an entry into the
13 Unidentified Deceased Person File through the Commonwealth Law
14 Enforcement Assistance Network (CLEAN) in accordance with
15 Pennsylvania State Police policy and procedures immediately upon
1 observing or receiving any descriptive information on an
2 unidentified deceased child.
3 * * *
4 Section 2. Title 18 is amended by adding sections to read:
5 § 2909. Concealment of whereabouts of a child.
6 (a) Offense defined.--A person who removes a child from the
7 child's known place of residence with the intent to conceal the
8 child's whereabouts from the child's parent or guardian, unless
9 concealment is authorized by court order or is a reasonable
10 response to domestic violence or child abuse, commits a felony
11 of the third degree. For purposes of this subsection, the term
12 "removes" includes personally removing the child from the
13 child's known place of residence; causing the child to be
14 removed from the child's known place of residence; preventing
15 the child from returning or being returned to the child's known
16 place of residence; and, when the child's parent or guardian has
17 a reasonable expectation that the person will return the child,
18 failing to return the child to the child's known place of
19 residence.
20 (b) Application.--A person may be convicted under subsection
21 (a) if either of the following apply:
22 (1) The acts that initiated the concealment occurred in
23 this Commonwealth.
24 (2) The offender or the parent or guardian from whom the
25 child is being concealed resides in this Commonwealth.
26 § 2910. Luring a child into a motor vehicle.
27 A person who lures a child into a motor vehicle without the
28 consent, express or implied, of the child's parent or guardian,
29 unless the circumstances reasonably indicate that the child is
30 in need of assistance, commits a misdemeanor of the first
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1 degree.
2 Section 3. Section 3101 of Title 18 is amended by adding a
3 definition to read:
4 § 3101. Definitions.
5 Subject to additional definitions contained in subsequent
6 provisions of this chapter which are applicable to specific
7 provisions of this chapter, the following words and phrases when
8 used in this chapter shall have, unless the context clearly
9 indicates otherwise, the meanings given to them in this section:
10 * * *
11 "Sexual molestation." Penetration, however slight, of the
12 genitals or rectum with an object. The term includes indecent
13 contact.
14 Section 4. Sections 3122, 5902(e) and 6312(c) of Title 18
15 are amended to read:
16 § 3122. [Statutory rape] Offenses against children.
17 (a) Statutory rape.--A person who is 18 years of age or
18 older commits statutory rape, a felony of the second degree,
19 when he engages in sexual intercourse with another person not
20 his spouse who is less than 14 years of age.
21 (b) Child sexual molestation.--A person who is 18 years of
22 age or older commits child sexual molestation, a felony of the
23 third degree, when the person sexually molests a child who is
24 less than 14 years of age.
25 § 5902. Prostitution and related offenses.
26 * * *
27 (e) Patronizing prostitutes.--A person commits a summary
28 offense if he hires a prostitute who is 16 years of age or older
29 to engage in sexual activity with him, or if he enters or
30 remains in a house of prostitution for the purpose of engaging
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1 in sexual activity. A person commits a misdemeanor of the third
2 degree if the person hires a prostitute who is under 16 years of
3 age, whether or not the person is aware of the age of the child.
4 * * *
5 § 6312. Sexual abuse of children.
6 * * *
7 (c) Dissemination of photographs and films.--Any person who
8 sells, displays for sale or transfer, or who possesses [for the
9 purpose of sale, display for sale or transfer,] any book,
10 magazine, pamphlet, slide, photograph or film depicting a child
11 under the age of 16 years engaging in a prohibited sexual act or
12 in the simulation of such act is guilty of a felony of the third
13 degree.
14 * * *
15 Section 5. This act shall take effect in 60 days.
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