PRINTER'S NO. 1630
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1075
Session of
2020
INTRODUCED BY ARNOLD, MUTH, MARTIN, BARTOLOTTA, SANTARSIERO,
YAW, MENSCH, SCAVELLO, STEFANO AND AUMENT, APRIL 13, 2020
REFERRED TO JUDICIARY, APRIL 13, 2020
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in minors, further providing for the offense of
sexual abuse of children; and, in sentencing, further
providing for sentencing for offenses involving sexual abuse
of children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6312(d.1) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6312. Sexual abuse of children.
* * *
(d.1) Grading.--The offenses shall be graded as follows:
(1) Except as provided in paragraph (3), an offense
under subsection (b) is a felony of the second degree.
(2) (i) Except as provided in paragraph (3), a first
offense under subsection (c) or (d) is a felony of the
third degree.
(ii) A second or subsequent offense under subsection
(c) or (d) is a felony of the second degree.
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(3) When a person commits an offense graded under
paragraph (1) or (2)(i) [and indecent contact with the child
as defined in section 3101 (relating to definitions) is
depicted], the grading of the offense shall be one grade
higher than the grade specified in paragraph (1) or (2)(i)[.]
if:
(i) indecent contact with the child as defined in
section 3101 (relating to definitions) is depicted; or
(ii) the child depicted is under six years of age or
prepubescent.
* * *
Section 2. Section 9720.5 of Title 42 is amended to read:
§ 9720.5. Sentencing for offenses involving sexual abuse of
children.
(a) General rule.--The Pennsylvania Commission on
Sentencing, in accordance with section 2154 (relating to
adoption of guidelines for sentencing), shall provide for a
sentence enhancement within its guidelines for an offense under
18 Pa.C.S. § 6312 (relating to sexual abuse of children),
specifying variations from the range of sentences applicable
based on such aggravating circumstances as the age of the child
or a determination of prepubescence, the number of images
possessed by the defendant, if the child depicted is known to
the defendant and the nature and character of the abuse depicted
in the images.
(b) Other circumstances.--When a person commits an offense
to which the grading provisions under 18 Pa.C.S. § 6312(d.1)(3)
apply, the Pennsylvania Commission on Sentencing shall, in
accordance with section 2154, provide for a sentence enhancement
within its guidelines if indecent contact with the child as
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defined in 18 Pa.C.S. § 3101 (relating to definitions) is
depicted and the child depicted is under six years of age or
prepubescent.
Section 3. This act shall take effect in 60 days.
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