PRIOR PRINTER'S NO. 538 PRINTER'S NO. 1911
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. <-- A30L18DGS/19970H0474B1911 - 3 -