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        PRIOR PRINTER'S NO. 538                       PRINTER'S NO. 1911

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 474 Session of 1997


        INTRODUCED BY BAKER, MELIO, DiGIROLAMO, COY, HENNESSEY, KENNEY,
           MICOZZIE, RUBLEY, READSHAW, SHANER, BIRMELIN, JADLOWIEC,
           FICHTER, BELARDI, L. I. COHEN, E. Z. TAYLOR, WALKO, BATTISTO,
           YOUNGBLOOD, ORIE, LEDERER, McCALL, BROWNE, STEELMAN, CORPORA,
           HERMAN, EGOLF, LYNCH, TRELLO, BARD, MASLAND, LEH, RAMOS,
           STABACK, RAYMOND, PETRARCA, WILT, SCHRODER, ADOLPH,
           J. TAYLOR, CLYMER, TIGUE, ROONEY, SEYFERT, ROBERTS,
           BENNINGHOFF, BOSCOLA AND STERN, FEBRUARY 12, 1997

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 3, 1997

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, defining the offense of unlawful
     3     contact OR COMMUNICATION with minor.                           <--

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 6316.  Unlawful contact with minor.                             <--
     9     (a)  Offense defined.--Every person who knowingly contacts or
    10  communicates with or attempts to contact or communicate with any
    11  minor under 18 years of age, with knowledge or reason to know
    12  that that person is a minor, for the purpose of or with intent
    13  to:
    14         (1)  engage in any unlawful act upon or with any minor,
    15     including child or sexual abuse, child pornography or a crime

     1     of violence or theft;
     2         (2)  unlawfully interfere with custody or control over a
     3     minor; or
     4         (3)  commit any other act for which any person can be
     5     charged with a criminal offense under a Federal or State law;
     6  commits a felony of the second degree.
     7     (b)  Definition.--As used in this section, the term "contacts
     8  or communicates with" means direct and indirect contact or
     9  communication, by any means, including in person or through an
    10  agent or agency, and includes the use of any print medium, the
    11  mails, a common carrier or communication common carrier, any
    12  electronic communications system and any telecommunications,
    13  wire, computer or radio communications device or system.
    14  § 6317.  UNLAWFUL CONTACT OR COMMUNICATION WITH MINOR.            <--
    15     (A)  OFFENSE DEFINED.--A PERSON WHETHER WITHIN OR WITHOUT
    16  THIS COMMONWEALTH COMMITS A MISDEMEANOR OF THE FIRST DEGREE IF
    17  HE, KNOWING THAT HE IS CONTACTING OR COMMUNICATING WITH A MINOR
    18  WITHIN THIS COMMONWEALTH, INTENTIONALLY CONTACTS OR COMMUNICATES
    19  WITH THAT MINOR FOR THE PURPOSE OF ENGAGING IN ANY OF THE
    20  FOLLOWING:
    21         (1)  ANY OF THE OFFENSES ENUMERATED IN CHAPTER 31
    22     (RELATING TO SEXUAL OFFENSES).
    23         (2)  OPEN LEWDNESS AS DEFINED IN SECTION 5901 (RELATING
    24     TO OPEN LEWDNESS).
    25         (3)  PROSTITUTION AS DEFINED IN SECTION 5902 (RELATING TO
    26     PROSTITUTION AND RELATED OFFENSES).
    27         (4)  OBSCENE AND OTHER SEXUAL MATERIALS AND PERFORMANCES
    28     AS DEFINED IN SECTION 5903 (RELATING TO OBSCENE AND OTHER
    29     SEXUAL MATERIALS AND PERFORMANCES).
    30         (5)  SEXUAL ABUSE OF CHILDREN AS DEFINED IN SECTION 6312
    19970H0474B1911                  - 2 -

     1     (RELATING TO SEXUAL ABUSE OF CHILDREN).
     2     (B)  DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
     3  WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
     4  SUBSECTION:
     5     "CONTACTS OR COMMUNICATES WITH."  DIRECT OR INDIRECT CONTACT
     6  OR COMMUNICATION BY ANY MEANS, METHOD OR DEVICE, INCLUDING
     7  CONTACT OR COMMUNICATION IN PERSON OR THROUGH AN AGENT OR
     8  AGENCY, THROUGH ANY PRINT MEDIUM, THE MAILS, A COMMON CARRIER OR
     9  COMMUNICATION COMMON CARRIER, ANY ELECTRONIC COMMUNICATION
    10  SYSTEM AND ANY TELECOMMUNICATIONS, WIRE, COMPUTER OR RADIO
    11  COMMUNICATIONS DEVICE OR SYSTEM.
    12     "MINOR."  AN INDIVIDUAL UNDER 18 YEARS OF AGE.
    13     Section 2.  This act shall take effect in 60 days              <--
    14  IMMEDIATELY.                                                      <--











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