AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for the offense of
3luring a child into a motor vehicle or structure.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 2910 of Title 18 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 2910. Luring a child into a motor vehicle or structure.

9(a) Offense.--Unless the circumstances reasonably indicate
10that the child is in need of assistance, a person who lures or
11attempts to lure a child into a motor vehicle or structure
12without the consent, express or implied, of the child's parent
13or guardian commits [a misdemeanor of the first degree] an 
14offense.

15(a.1) Grading.--The following shall apply:

16(1) Except as provided under paragraph (2), an offense

1under subsection (a) is a misdemeanor of the first degree.

2(2) If an offense under subsection (a) involves a child 
3less than 13 years of age, the offense is a felony of the
4second degree.

5(a.2) Mistake as to age.--If an offense under subsection (a)
6involves a child less than 13 years of age, it shall be no
7defense that the defendant did not know the age of the child or
8reasonably believed the child to be 13 years of age or older.

9(b) Affirmative defense.--It shall be an affirmative defense
10to a prosecution under this section that the person lured or
11attempted to lure the child into the structure for a lawful
12purpose.

13(c) Definitions.--As used in this section, the following
14words and phrases shall have the meanings given to them in this
15subsection:

16"Child." A person under 18 years of age.

17"Motor vehicle." Every self-propelled device in, upon or by
18which any person or property is or may be transported or drawn
19on a public highway.

20"Structure." A house, apartment building, shop, warehouse,
21barn, building, vessel, railroad car, cargo container, house
22car, trailer, trailer coach, camper, mine, floating home or
23other enclosed structure capable of holding a child, which is
24not open to the general public.

25Section 2. This act shall take effect in 60 days.