PRIOR PRINTER'S NOS. 959, 994, 1044, PRINTER'S NO. 2262
1468, 1622
No. 834 Session of 2001
INTRODUCED BY EARLL, LEMMOND, TOMLINSON, MELLOW, COSTA, ROBBINS,
BELL, SCHWARTZ, TARTAGLIONE, TILGHMAN, ERICKSON, BODACK,
WAUGH, ORIE, BOSCOLA, MUSTO, RHOADES, STACK AND MURPHY,
MAY 2, 2001
SENATE AMENDMENTS TO HOUSE AMENDMENTS, OCTOBER 1, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) TITLES 18 (CRIMES AND <--
2 OFFENSES) AND 42 (JUDICIARY AND JUDICIAL PROCEDURE) of the
3 Pennsylvania Consolidated Statutes, further providing for
4 sexual abuse of children and for unlawful contact or
5 communication with minor; AND MAKING EDITORIAL CHANGES. <--
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 5708(1), 6312(c) and (d) and 6318 of <--
9 Title 18 of the Pennsylvania Consolidated Statutes are amended
10 to read:
11 § 5708. ORDER AUTHORIZING INTERCEPTION OF WIRE, ELECTRONIC OR <--
12 ORAL COMMUNICATIONS.
13 THE ATTORNEY GENERAL, OR, DURING THE ABSENCE OR INCAPACITY OF
14 THE ATTORNEY GENERAL, A DEPUTY ATTORNEY GENERAL DESIGNATED IN
15 WRITING BY THE ATTORNEY GENERAL, OR THE DISTRICT ATTORNEY OR,
16 DURING THE ABSENCE OR INCAPACITY OF THE DISTRICT ATTORNEY, AN
17 ASSISTANT DISTRICT ATTORNEY DESIGNATED IN WRITING BY THE
18 DISTRICT ATTORNEY OF THE COUNTY WHEREIN THE INTERCEPTION IS TO
1 BE MADE, MAY MAKE WRITTEN APPLICATION TO ANY SUPERIOR COURT
2 JUDGE FOR AN ORDER AUTHORIZING THE INTERCEPTION OF A WIRE,
3 ELECTRONIC OR ORAL COMMUNICATION BY THE INVESTIGATIVE OR LAW
4 ENFORCEMENT OFFICERS OR AGENCY HAVING RESPONSIBILITY FOR AN
5 INVESTIGATION INVOLVING SUSPECTED CRIMINAL ACTIVITIES WHEN SUCH
6 INTERCEPTION MAY PROVIDE EVIDENCE OF THE COMMISSION OF ANY OF
7 THE FOLLOWING OFFENSES, OR MAY PROVIDE EVIDENCE AIDING IN THE
8 APPREHENSION OF THE PERPETRATOR OR PERPETRATORS OF ANY OF THE
9 FOLLOWING OFFENSES:
10 (1) UNDER THIS TITLE:
11 SECTION 911 (RELATING TO CORRUPT ORGANIZATIONS)
12 SECTION 2501 (RELATING TO CRIMINAL HOMICIDE)
13 SECTION 2502 (RELATING TO MURDER)
14 SECTION 2503 (RELATING TO VOLUNTARY MANSLAUGHTER)
15 SECTION 2702 (RELATING TO AGGRAVATED ASSAULT)
16 SECTION 2706 (RELATING TO TERRORISTIC THREATS)
17 SECTION 2709(B) (RELATING TO HARASSMENT AND STALKING)
18 SECTION 2716 (RELATING TO WEAPONS OF MASS
19 DESTRUCTION)
20 SECTION 2901 (RELATING TO KIDNAPPING)
21 SECTION 3121 (RELATING TO RAPE)
22 SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
23 INTERCOURSE)
24 SECTION 3124.1 (RELATING TO SEXUAL ASSAULT)
25 SECTION 3125 (RELATING TO AGGRAVATED INDECENT
26 ASSAULT)
27 SECTION 3301 (RELATING TO ARSON AND RELATED OFFENSES)
28 SECTION 3302 (RELATING TO CAUSING OR RISKING
29 CATASTROPHE)
30 SECTION 3502 (RELATING TO BURGLARY)
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1 SECTION 3701 (RELATING TO ROBBERY)
2 SECTION 3921 (RELATING TO THEFT BY UNLAWFUL TAKING OR
3 DISPOSITION)
4 SECTION 3922 (RELATING TO THEFT BY DECEPTION)
5 SECTION 3923 (RELATING TO THEFT BY EXTORTION)
6 SECTION 4701 (RELATING TO BRIBERY IN OFFICIAL AND
7 POLITICAL MATTERS)
8 SECTION 4702 (RELATING TO THREATS AND OTHER IMPROPER
9 INFLUENCE IN OFFICIAL AND POLITICAL MATTERS)
10 SECTION 5512 (RELATING TO LOTTERIES, ETC.)
11 SECTION 5513 (RELATING TO GAMBLING DEVICES, GAMBLING,
12 ETC.)
13 SECTION 5514 (RELATING TO POOL SELLING AND
14 BOOKMAKING)
15 SECTION 5516 (RELATING TO FACSIMILE WEAPONS OF MASS
16 DESTRUCTION)
17 SECTION 6318 (RELATING TO UNLAWFUL CONTACT [OR
18 COMMUNICATION] WITH MINOR)
19 * * *
20 § 6312. Sexual abuse of children.
21 * * *
22 (c) Dissemination of photographs, videotapes, computer
23 depictions and films.--
24 (1) Any person who knowingly sells, distributes,
25 delivers, disseminates, transfers, displays or exhibits to
26 others, or who possesses for the purpose of sale,
27 distribution, delivery, dissemination, transfer, display or
28 exhibition to others, any book, magazine, pamphlet, slide,
29 photograph, film, videotape, computer depiction or other
30 material depicting a child under the age of 18 years engaging
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1 in a prohibited sexual act or in the simulation of such act
2 [is guilty of a felony of the third degree] commits an
3 offense.
4 (2) A first offense under this subsection is a felony of
5 the third degree and a second or subsequent offense under
6 this subsection is a felony of the second degree.
7 (d) Possession of child pornography.--
8 (1) Any person who knowingly possesses or controls any
9 book, magazine, pamphlet, slide, photograph, film, videotape,
10 computer depiction or other material depicting a child under
11 the age of 18 years engaging in a prohibited sexual act or in
12 the simulation of such act [is guilty of a felony of the
13 third degree] commits an offense.
14 (2) A first offense under this subsection is a felony of
15 the third degree and a second or subsequent offense under
16 this subsection is a felony of the second degree.
17 * * *
18 § 6318. Unlawful contact [or communication] with minor. <--
19 (a) Offense defined.--A person [whether within or without
20 this Commonwealth] commits an offense if he OR SHE[, [KNOWING <--
21 THAT HE IS CONTACTING OR COMMUNICATING WITH A MINOR WITHIN THIS
22 COMMONWEALTH,] INTENTIONALLY CONTACTS [OR COMMUNICATES WITH
23 THAT] A minor [for the purpose of engaging in] a minor or <--
24 someone he believes is probably a minor, or someone who holds
25 himself out to be a minor, and either the person initiating the
26 contact or the person MINOR being contacted is within this <--
27 Commonwealth to engage FOR THE PURPOSE OF ENGAGING in an <--
28 activity prohibited under any of the following:
29 (1) Any of the offenses enumerated in Chapter 31
30 (relating to sexual offenses).
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1 (2) Open lewdness as defined in section 5901 (relating
2 to open lewdness).
3 (3) Prostitution as defined in section 5902 (relating to
4 prostitution and related offenses).
5 (4) Obscene and other sexual materials and performances
6 as defined in section 5903 (relating to obscene and other
7 sexual materials and performances).
8 (5) Sexual abuse of children as defined in section 6312
9 (relating to sexual abuse of children).
10 (6) Sexual exploitation of children as defined in
11 section 6320 (relating to sexual exploitation of children).
12 (b) Grading.--A violation of subsection (a) is:
13 (1) an offense of the same grade and degree as the most
14 serious underlying offense in subsection (a) for which the
15 defendant contacted or communicated with the minor; or
16 (2) a misdemeanor of the first degree;
17 whichever is greater.
18 (b.1) Concurrent jurisdiction to prosecute.--The Attorney
19 General shall have concurrent prosecutorial jurisdiction with
20 the district attorney for violations under this section and any
21 crime arising out of the activity prohibited by this section
22 when the person charged with a violation of this section
23 contacts a minor through the use of a computer, computer system
24 or computer network. No person charged with a violation of this
25 section by the Attorney General shall have standing to challenge
26 the authority of the Attorney General to prosecute the case,
27 and, if any such challenge is made, the challenge shall be
28 dismissed and no relief shall be available in the courts of this
29 Commonwealth to the person making the challenge.
30 (c) Definitions.--As used in this section, the following
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1 words and phrases shall have the meanings given to them in this
2 subsection:
3 "Computer." An electronic, magnetic, optical, hydraulic,
4 organic or other high-speed data processing device or system
5 which performs logic, arithmetic or memory functions and
6 includes all input, output, processing, storage, software or
7 communication facilities which are connected or related to the
8 device in a computer system or computer network.
9 "Computer network." The interconnection of two or more
10 computers through the usage of satellite, microwave, line or
11 other communication medium.
12 "Computer system." A set of related, connected or
13 unconnected computer equipment, devices and software.
14 "Contacts [or communicates with]." Direct or indirect
15 contact or communication by any means, method or device,
16 including contact or communication in person or through an agent
17 or agency, through any print medium, the mails, a common carrier
18 or communication common carrier, any electronic communication
19 system and any telecommunications, wire, computer or radio
20 communications device or system.
21 "Minor." An individual under 18 years of age.
22 SECTION 2. THE DEFINITION OF "FELONY SEX OFFENSE" IN SECTION <--
23 4703 OF TITLE 42 IS AMENDED TO READ:
24 § 4703. DEFINITIONS.
25 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
26 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
27 CONTEXT CLEARLY INDICATES OTHERWISE:
28 * * *
29 "FELONY SEX OFFENSE." A FELONY OFFENSE OR AN ATTEMPT,
30 CONSPIRACY OR SOLICITATION TO COMMIT A FELONY OFFENSE UNDER ANY
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1 OF THE FOLLOWING:
2 18 PA.C.S. CH. 31 (RELATING TO SEXUAL OFFENSES).
3 18 PA.C.S. § 4302 (RELATING TO INCEST).
4 18 PA.C.S. § 5902(C)(1)(I)(III) AND (IV) (RELATING TO
5 PROSTITUTION AND RELATED OFFENSES).
6 18 PA.C.S. § 5903(A) (RELATING TO OBSCENE AND OTHER
7 SEXUAL MATERIALS AND PERFORMANCES) WHERE THE OFFENSE
8 CONSTITUTES A FELONY.
9 18 PA.C.S. § 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).
10 18 PA.C.S. § 6318 (RELATING TO UNLAWFUL CONTACT [OR
11 COMMUNICATION] WITH MINOR) WHERE THE MOST SERIOUS UNDERLYING
12 OFFENSE FOR WHICH THE DEFENDANT CONTACTED [OR COMMUNICATED
13 WITH] THE MINOR IS GRADED AS A FELONY.
14 18 PA.C.S. § 6320 (RELATING TO SEXUAL EXPLOITATION OF
15 CHILDREN).
16 * * *
17 SECTION 3. SECTIONS 9718.1(A) AND 9795.1(A)(1) OF TITLE 42
18 ARE AMENDED TO READ:
19 § 9718.1. SEXUAL OFFENDER TREATMENT.
20 (A) GENERAL RULE.--A PERSON, INCLUDING AN OFFENDER
21 DESIGNATED AS A "SEXUALLY VIOLENT PREDATOR" AS DEFINED IN
22 SECTION 9792 (RELATING TO DEFINITIONS), SHALL ATTEND AND
23 PARTICIPATE IN A DEPARTMENT OF CORRECTIONS PROGRAM OF COUNSELING
24 OR THERAPY DESIGNED FOR INCARCERATED SEX OFFENDERS IF THE PERSON
25 IS INCARCERATED IN A STATE INSTITUTION FOR ANY OF THE FOLLOWING
26 PROVISIONS UNDER 18 PA.C.S. (RELATING TO CRIMES AND OFFENSES):
27 (1) ANY OF THE OFFENSES ENUMERATED IN CHAPTER 31
28 (RELATING TO SEXUAL OFFENSES) IF THE OFFENSE INVOLVED A MINOR
29 UNDER 18 YEARS OF AGE.
30 (2) SECTION 4304 (RELATING TO ENDANGERING WELFARE OF
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1 CHILDREN) IF THE OFFENSE INVOLVED SEXUAL CONTACT WITH THE
2 VICTIM.
3 (3) SECTION 6301 (RELATING TO CORRUPTION OF MINORS) IF
4 THE OFFENSE INVOLVED SEXUAL CONTACT WITH THE VICTIM.
5 (4) OPEN LEWDNESS, AS DEFINED IN SECTION 5901 (RELATING
6 TO OPEN LEWDNESS), IF THE OFFENSE INVOLVED A MINOR UNDER 18
7 YEARS OF AGE.
8 (5) PROSTITUTION, AS DEFINED IN SECTION 5902 (RELATING
9 TO PROSTITUTION AND RELATED OFFENSES), IF THE OFFENSE
10 INVOLVED A MINOR UNDER 18 YEARS OF AGE.
11 (6) OBSCENE AND OTHER SEXUAL MATERIALS AND PERFORMANCES,
12 AS DEFINED IN SECTION 5903 (RELATING TO OBSCENE AND OTHER
13 SEXUAL MATERIALS AND PERFORMANCES), IF THE OFFENSE INVOLVED A
14 MINOR UNDER 18 YEARS OF AGE.
15 (7) SEXUAL ABUSE OF CHILDREN, AS DEFINED IN SECTION 6312
16 (RELATING TO SEXUAL ABUSE OF CHILDREN).
17 (8) SECTION 6318 (RELATING TO UNLAWFUL CONTACT [OR
18 COMMUNICATION] WITH MINOR).
19 (9) SECTION 6320 (RELATING TO SEXUAL EXPLOITATION OF
20 CHILDREN).
21 (10) SECTION 4302 (RELATING TO INCEST) IF THE OFFENSE
22 INVOLVED A MINOR UNDER 18 YEARS OF AGE.
23 (11) AN ATTEMPT OR SOLICITATION TO COMMIT ANY OF THE
24 OFFENSES LISTED IN THIS SUBSECTION.
25 * * *
26 § 9795.1. REGISTRATION.
27 (A) TEN-YEAR REGISTRATION.--THE FOLLOWING INDIVIDUALS SHALL
28 BE REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE FOR A
29 PERIOD OF TEN YEARS:
30 (1) INDIVIDUALS CONVICTED OF ANY OF THE FOLLOWING
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1 OFFENSES:
2 18 PA.C.S. § 2901 (RELATING TO KIDNAPPING) WHERE THE
3 VICTIM IS A MINOR.
4 18 PA.C.S. § 3126 (RELATING TO INDECENT ASSAULT)
5 WHERE THE OFFENSE IS A MISDEMEANOR OF THE FIRST DEGREE.
6 18 PA.C.S. § 4302 (RELATING TO INCEST) WHERE THE
7 VICTIM IS 12 YEARS OF AGE OR OLDER BUT UNDER 18 YEARS OF
8 AGE.
9 18 PA.C.S. § 5902(B) (RELATING TO PROSTITUTION AND
10 RELATED OFFENSES) WHERE THE ACTOR PROMOTES THE
11 PROSTITUTION OF A MINOR.
12 18 PA.C.S. § 5903(A)(3), (4), (5) OR (6) (RELATING TO
13 OBSCENE AND OTHER SEXUAL MATERIALS AND PERFORMANCES)
14 WHERE THE VICTIM IS A MINOR.
15 18 PA.C.S. § 6312 (RELATING TO SEXUAL ABUSE OF
16 CHILDREN).
17 18 PA.C.S. § 6318 (RELATING TO UNLAWFUL CONTACT [OR
18 COMMUNICATION] WITH MINOR).
19 18 PA.C.S. § 6320 (RELATING TO SEXUAL EXPLOITATION OF
20 CHILDREN).
21 (2) INDIVIDUALS CONVICTED OF AN ATTEMPT TO COMMIT ANY OF
22 THE OFFENSES UNDER PARAGRAPH (1) OR SUBSECTION (B)(2).
23 * * *
24 Section 2 4. This act shall take effect in 60 days. <--
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