THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GOODMAN, BARRAR, BELFANTI, BOBACK, BOYD, BRENNAN, BRIGGS, CARROLL, CLYMER, CONKLIN, DeLUCA, DONATUCCI, FABRIZIO, GEIST, GEORGE, GERGELY, GIBBONS, GILLESPIE, HARKINS, HENNESSEY, HESS, KULA, MANN, MARSICO, MATZIE, MELIO, MOUL, MURPHY, MURT, PETRARCA, PHILLIPS, PRESTON, PYLE, RAPP, READSHAW, SIPTROTH, K. SMITH, STABACK, STURLA, TRUE, WATSON AND YOUNGBLOOD, MAY 8, 2009

REFERRED TO COMMITTEE ON JUDICIARY, MAY 8, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for the offense of

luring a child into a motor vehicle or structure.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2910 of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 2910.  Luring a child into a motor vehicle or structure.

(a)  Offense.--Unless the circumstances reasonably indicate

that the child is in need of assistance, a person who lures or

attempts to lure a child into a motor vehicle or structure

without the consent, express or implied, of the child's parent

or guardian commits a [misdemeanor of the first] felony of the

third degree.

(b)  Affirmative defense.--It shall be an affirmative defense

to a prosecution under this section that the person lured or

attempted to lure the child into the structure for a lawful

purpose.

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Motor vehicle."  Every self-propelled device in, upon or by

which any person or property is or may be transported or drawn

on a public highway.

"Structure."  A house, apartment building, shop, warehouse,

barn, building, vessel, railroad car, cargo container, house

car, trailer, trailer coach, camper, mine, floating home or

other enclosed structure capable of holding a child, which is

not open to the general public.

Section 2.  This act shall take effect in 60 days.