PRIOR PRINTER'S NO. 959 PRINTER'S NO. 994
No. 834 Session of 2001
INTRODUCED BY EARLL, LEMMOND, TOMLINSON, MELLOW, COSTA, ROBBINS,
BELL, SCHWARTZ, TARTAGLIONE, TILGHMAN, ERICKSON, BODACK,
WAUGH, ORIE, BOSCOLA, MUSTO, RHOADES AND STACK, MAY 2, 2001
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MAY 8, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for sexual abuse of
3 children; and providing for unlawful use of a computer for
4 solicitation of a minor.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6312(c) and (d) of Title 18 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 6312. Sexual abuse of children.
10 * * *
11 (c) Dissemination of photographs, videotapes, computer
12 depictions and films.--
13 (1) Any person who knowingly sells, distributes,
14 delivers, disseminates, transfers, displays or exhibits to
15 others, or who possesses for the purpose of sale,
16 distribution, delivery, dissemination, transfer, display or
17 exhibition to others, any book, magazine, pamphlet, slide,
18 photograph, film, videotape, computer depiction or other
1 material depicting a child under the age of 18 years engaging
2 in a prohibited sexual act or in the simulation of such act
3 [is guilty of a felony of the third degree] commits an
4 offense.
5 (2) A first offense under this subsection is a felony of
6 the third degree and a second or subsequent offense under
7 this subsection is a felony of the second degree.
8 (d) Possession of child pornography.--
9 (1) Any person who knowingly possesses or controls any
10 book, magazine, pamphlet, slide, photograph, film, videotape,
11 computer depiction or other material depicting a child under
12 the age of 18 years engaging in a prohibited sexual act or in
13 the simulation of such act [is guilty of a felony of the
14 third degree] commits an offense.
15 (2) A first offense under this subsection is a felony of
16 the third degree and a second or subsequent offense under
17 this subsection is a felony of the second degree.
18 * * *
19 Section 2. Title 18 is amended by adding a section to read:
20 § 6312.1. Unlawful use of a computer for solicitation of a
21 minor.
22 (a) Offense defined.--A person commits an offense if through <--
23 the use of a computer, with the intent of promoting or
24 facilitating its commission, he commands, encourages or requests
25 a minor to engage in specific conduct which would constitute a
26 crime or an attempt to commit a crime prohibited under the
27 following provisions of this title:
28 Section 3122.1 (relating to statutory sexual assault).
29 Section 3123 (relating to involuntary deviate sexual
30 intercourse).
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1 (A) OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE IF THROUGH <--
2 THE USE OF A COMPUTER, AND WITH THE INTENT OF PROMOTING OR
3 FACILITATING THE COMMISSION OF ANY OF THE OFFENSES ENUMERATED
4 UNDER SUBSECTION (B), HE:
5 (1) COMMANDS, ENCOURAGES OR REQUESTS A MINOR TO ENGAGE
6 IN SPECIFIC CONDUCT WHICH WOULD CONSTITUTE AN OFFENSES; OR
7 (2) COMMANDS, ENCOURAGES OR REQUESTS A PERSON TO PROCURE
8 A MINOR TO ENGAGE IN SPECIFIC CONDUCT WHICH WOULD CONSTITUTE
9 AN OFFENSE.
10 (B) ENUMERATED OFFENSES.--THE FOLLOWING OFFENSES SHALL APPLY
11 TO SUBSECTION (A):
12 SECTION 3121 (RELATING TO RAPE).
13 SECTION 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT).
14 SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
15 INTERCOURSE).
16 Section 3124.1 (relating to sexual assault).
17 Section 3125 (relating to aggravated indecent assault).
18 Section 3126 (relating to indecent assault).
19 Section 6312 (relating to sexual abuse of children).
20 Section 6318 (relating to unlawful contact or <--
21 communication with minor).
22 Section 6320 (relating to sexual exploitation of
23 children).
24 (b) (C) Grading.--A violation of subsection (a) is: <--
25 (1) an offense of the same grade and degree as the most
26 serious underlying offense under subsection (a) (B); or <--
27 (2) a felony of the second degree, whichever is greater.
28 (c) (D) Concurrent jurisdiction to prosecute.--The Attorney <--
29 General shall have concurrent prosecutorial jurisdiction with
30 the district attorney for violations under this section and any
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1 crime arising out of the activity prohibited by this section. No
2 person charged with a violation of this section by the Attorney
3 General shall have standing to challenge the authority of the
4 Attorney General to prosecute the case, and if any such
5 challenge is made, the challenge shall be dismissed and no
6 relief shall be available in the courts of this Commonwealth to
7 the person making the challenge.
8 (d) (E) Definitions.--As used in this section, the following <--
9 words and phrases shall have the meanings given to them in this
10 subsection:
11 "Computer." An electronic, magnetic, optical, hydraulic,
12 organic or other high-speed data processing device or system
13 which performs logic, arithmetic or memory functions and
14 includes all input, output, processing, storage, software or
15 communication facilities which are connected or related to the
16 device in a system or network.
17 "Computer network." The interconnection of two or more
18 computers through the usage of satellite, microwave, line or
19 other communication medium.
20 "Computer system." A set of related, connected or
21 unconnected computer equipment, devices and software.
22 Section 3. This act shall take effect in 60 days.
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