18c6301h

 

 

CHAPTER 63

MINORS

 

Sec.

6301.  Corruption of minors.

6302.  Sale or lease of weapons and explosives.

6303.  Sale of starter pistols.

6304.  Sale and use of air rifles.

6305.  Sale of tobacco.

6306.  Furnishing cigarettes or cigarette papers (Repealed).

6306.1. Use of tobacco in schools prohibited.

6307.  Misrepresentation of age to secure liquor or malt or brewed beverages.

6308.  Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.

6308.1. Safe harbor for violation of section 6308(a).

6309.  Representing that minor is of age.

6310.  Inducement of minors to buy liquor or malt or brewed beverages.

6310.1. Selling or furnishing liquor or malt or brewed beverages to minors.

6310.2. Manufacture or sale of false identification card.

6310.3. Carrying a false identification card.

6310.4. Restriction of operating privileges (Repealed).

6310.5. Predisposition evaluation.

6310.6. Definitions.

6310.7. Selling or furnishing nonalcoholic beverages to persons under 21 years of age.

6311.  Tattooing and body piercing.

6312.  Sexual abuse of children.

6313.  Special information.

6314.  Sentencing and penalties for trafficking drugs to minors.

6315.  Selling or furnishing butane to minors.

6316.  Selling or furnishing certain stimulants to minors.

6317.  Drug-free school zones.

6318.  Unlawful contact with minor.

6319.  Solicitation of minors to traffic drugs.

6320.  Sexual exploitation of children.

6321.  Transmission of sexually explicit images by minor.

6322.  Access of minors to dextromethorphan.

 

Enactment.  Chapter 63 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References.  Chapter 63 is referred to in section 2101 of Title 5 (Athletics and Sports).

18c6301s

§ 6301.  Corruption of minors.

(a)  Offense defined.--

(1)  (i)  Except as provided in subparagraph (ii), whoever, being of the age of 18 years and upwards, by any act corrupts or tends to corrupt the morals of any minor less than 18 years of age, or who aids, abets, entices or encourages any such minor in the commission of any crime, or who knowingly assists or encourages such minor in violating his or her parole or any order of court, commits a misdemeanor of the first degree.

(ii)  Whoever, being of the age of 18 years and upwards, by any course of conduct in violation of Chapter 31 (relating to sexual offenses) corrupts or tends to corrupt the morals of any minor less than 18 years of age, or who aids, abets, entices or encourages any such minor in the commission of an offense under Chapter 31 commits a felony of the third degree.

(2)  Any person who knowingly aids, abets, entices or encourages a minor younger than 18 years of age to commit truancy commits a summary offense. Any person who violates this paragraph within one year of the date of a first conviction under this section commits a misdemeanor of the third degree. A conviction under this paragraph shall not, however, constitute a prohibition under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).

(b)  Adjudication of delinquency unnecessary.--A conviction under the provisions of this section may be had whether or not the jurisdiction of any juvenile court has attached or shall thereafter attach to such minor or whether or not such minor has been adjudicated a delinquent or shall thereafter be adjudicated a delinquent.

(c)  Presumptions.--In trials and hearings upon charges of violating the provisions of this section, knowledge of the minor's age and of the court's orders and decrees concerning such minor shall be presumed in the absence of proof to the contrary.

(d)  Mistake as to age.--

(1)  Whenever in this section the criminality of conduct depends upon the corruption of a minor whose actual age is under 16 years, it is no defense that the actor did not know the age of the minor or reasonably believed the minor to be older than 18 years.

(2)  Whenever in this section the criminality of conduct depends upon the corruption of a minor whose actual age is 16 years or more but less than 18 years, it is a defense for the actor to prove by a preponderance of the evidence that he reasonably believed the minor to be 18 years or older.

18c6301v

(July 1, 1978, P.L.573, No.104, eff. 60 days; July 11, 1996, P.L.552, No.98, eff. 60 days; Oct. 7, 2010, P.L.482, No.69, eff. 60 days)

 

2010 Amendment.  Act 69 amended subsec. (a)(1).

1996 Amendment.  Act 98 amended subsec. (a).

1978 Amendment.  Act 104 added present section 6301. Former section 6301, relating to the same subject matter, was repealed November 28, 1973, P.L.341, No.117.

Cross References.  Section 6301 is referred to in sections 3104, 6105, 9122.1, 9122.3 of this title; section 3304 of Title 5 (Athletics and Sports); sections 5329, 6344 of Title 23 (Domestic Relations); sections 5552, 5985.1, 5993, 62A03, 9718.1, 9799.13, 9799.14 of Title 42 (Judiciary and Judicial Procedure).

18c6302s

§ 6302.  Sale or lease of weapons and explosives.

(a)  Offense defined.--A person is guilty of a misdemeanor of the first degree if he sells or causes to be sold or leases to any person under 18 years of age any deadly weapon, cartridge, gunpowder, or other similar dangerous explosive substance.

(b)  Exception.--The provisions of subsection (a) shall not prohibit hunting by minors under 18 years of age permitted under Title 34 (relating to game).

18c6302v

(July 8, 1986, P.L.442, No.93, eff. July 1, 1987)

 

Cross References.  Section 6302 is referred to in section 6105 of this title.

18c6303s

§ 6303.  Sale of starter pistols.

(a)  Offense defined.--A person is guilty of a misdemeanor of the first degree if he sells, causes to be sold, gives or furnishes to any person under the age of 18 years, or if he, being under the age of 18 years, purchases, accepts, receives or possesses, any pistol commonly referred to as "starter pistol" specially designed to receive and discharge blank cartridges only or similar pistol.

(b)  Exception.--Nothing in this section shall prohibit the use of starter pistols for the purpose of starting or officiating at athletic events, use in dramatic productions, or other similar events.

18c6304s

§ 6304.  Sale and use of air rifles.

(a)  Sale or transfer of air rifles.--

(1)  It shall be unlawful for any dealer to sell, lend, rent, give, or otherwise transfer an air rifle to any person under the age of 18 years, where the dealer knows, or has reasonable cause to believe, the person to be under 18 years of age, or where such dealer has failed to make reasonable inquiry relative to the age of such person, and such person is under 18 years of age.

(2)  It shall be unlawful for any person to sell, give, lend, or otherwise transfer any air rifle to any person under 18 years of age, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the person under 18 years of age.

(b)  Carrying or discharging air rifles.--

(1)  It shall be unlawful for any person under 18 years of age to carry any air rifle on the highways or public lands unless accompanied by an adult, except that a person under 18 years of age may carry such rifle unloaded in a suitable case or securely wrapped.

(2)  It shall be unlawful for any person to discharge any air rifle from or across any highway or public land or any public place, except on a properly constructed target range.

(c)  Exceptions.--

(1)  Nothing in this section shall make it unlawful for any person under 18 years of age to have in his possession any air rifle, if it is:

(i)  kept within his domicile;

(ii)  used by the person under 18 years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only, if said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult; or

(iii)  used in or on any private grounds or residence under circumstances when such air rifle can be fired, discharged or operated in such a manner as not to endanger persons or property, and then only, if it is used in such manner as to prevent the projectile from transversing any grounds or space outside the limits of such grounds or residence.

(2)  Nothing in this section shall prohibit sales of air rifles:

(i)  By wholesale dealers or jobbers.

(ii)  To be shipped out of this Commonwealth.

(iii)  To be used at a target range operated in accordance with paragraph (1) of this subsection or by members of the armed services of the United States or veterans' organizations.

(d)  Seizure.--Any law enforcement officer may seize, take, remove or cause to be removed, at the expense of the owner, all air rifles used or offered for sale in violation of this section.

(e)  No preemption.--The provisions of any ordinance enacted by any political subdivision which impose greater restrictions or limitations in respect to the sale and purchase, use or possession of air rifles, than is imposed by this section, shall not be invalidated or affected by this section.

(f)  Grading.--Any dealer violating the provisions of paragraph (a)(1) of this section shall be guilty of a misdemeanor of the third degree. Any person violating any other provision of this section shall be guilty of a summary offense.

(g)  Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:

"Air rifle."  Any air gun, air pistol, spring gun, spring pistol, B-B gun, or any implement that is not a firearm, which impels a pellet of any kind with a force that can reasonably be expected to cause bodily harm. The term does not include a paintball gun or paintball marker as defined in section 2707.2 (relating to paintball guns and paintball markers).

"Dealer."  Any person engaged in the business of selling at retail or renting any air rifles.

18c6304v

(Dec. 22, 2005, P.L.449, No.85, eff. 60 days)

 

2005 Amendment.  Act 85 amended subsec. (g).

Cross References.  Section 6304 is referred to in section 6120 of this title.

18c6305s

§ 6305.  Sale of tobacco.

(a)  Offense defined.--Except as set forth in subsection (f), a person is guilty of a summary offense if the person:

(1)  sells a tobacco product to any minor;

(2)  furnishes, by purchase, gift or other means, a tobacco product to a minor;

(3)  (Deleted by amendment).

(4)  locates or places a tobacco vending machine containing a tobacco product in a location accessible to minors;

(5)  displays or offers a cigarette for sale out of a pack of cigarettes; or

(6)  displays or offers for sale tobacco products in any manner which enables an individual other than the retailer or an employee of the retailer to physically handle tobacco products prior to purchase unless the tobacco products are located within the line of sight or under the control of a cashier or other employee during business hours, except that this paragraph shall not apply to retail stores which derive 75% or more of sales revenues from tobacco products.

(a.1)  Purchase.--A minor is guilty of a summary offense if the minor:

(1)  purchases or attempts to purchase a tobacco product; or

(2)  knowingly falsely represents himself to be at least 18 years of age to a person for the purpose of purchasing or receiving a tobacco product.

(b)  Penalty.--

(1)  Except as set forth in paragraph (2), a person that violates subsection (a) shall be sentenced as follows:

(i)  for a first offense, to pay a fine of not less than $100 nor more than $250;

(ii)  for a second offense, to pay a fine of not less than $250 nor more than $500; or

(iii)  for a third or subsequent offense, to pay a fine of not less than $500 nor more than $1,000.

(2)  A retailer that violates subsection (a) shall be sentenced as follows:

(i)  for a first offense, to pay a fine of not less than $100 nor more than $500;

(ii)  for a second offense, to pay a fine of not less than $500 nor more than $1,000;

(iii)  for a third offense, to pay a fine of not less than $1,000 nor more than $3,000; or

(iv)  for a fourth or subsequent offense, to pay a fine of not less than $3,000 nor more than $5,000.

(3)  A minor who violates subsection (a.1) shall be sentenced to any or all of the following:

(i)  not more than 75 hours of community service;

(ii)  complete a tobacco use prevention and cessation program approved by the Department of Health; or

(iii)  a fine not to exceed $200.

(iv)  (Deleted by amendment).

(c)  Notification.--

(1)  Upon issuing or filing a citation charging a violation of subsection (a.1), the affiant shall notify the parent or guardian of the minor charged.

(2)  Upon imposing a sentence under subsection (b)(1) or (2), a court shall notify the department of the violation committed by the person if the person is a retailer or an employee of a retailer and the person committed the violation in the course of the person's employment.

(d)  Nature of offense.--

(1)  An offense under subsection (a.1) shall not be a criminal offense of record, shall not be reportable as a criminal act and shall not be placed on the criminal record of the offender. The failure of a minor to comply with a sentence under subsection (b)(3) shall not constitute a delinquent act under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

(2)  A record of participation in an adjudication alternative program under subsection (e) shall be maintained for purposes of determining subsequent eligibility for such a program.

(3)  Except as provided in subsection (f)(1), a retailer is liable for the acts of its agents as permitted by section 307 (relating to liability of organizations and certain related persons).

(e)  Preadjudication disposition.--If a person is charged with violating this section, the court may admit the offender to the adjudication alternative program as authorized in 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating this section. Accelerated Rehabilitative Disposition or any other preadjudication alternative for a violation of subsection (a) shall be considered an offense for the purposes of imposing criminal penalties under subsection (b)(1) and (2).

(f)  Exceptions.--

(1)  The following affirmative defense is available:

(i)  It is an affirmative defense for a retailer to an offense under subsection (a)(1) and (2) that, prior to the date of the alleged violation, the retailer has complied with all of the following:

(A)  adopted and implemented a written policy against selling tobacco products to minors which includes:

(I)  a requirement that an employee ask an individual who appears to be 25 years of age or younger for a valid photoidentification as proof of age prior to making a sale of tobacco products;

(II)  a list of all types of acceptable photoidentification;

(III)  a list of factors to be examined in the photoidentification, including photo likeness, birth date, expiration date, bumps, tears or other damage and signature;

(IV)  a requirement that, if the photoidentification is missing any of the items listed in subclause (III), it is not valid and cannot be accepted as proof of age for the sale of tobacco products. A second photoidentification may be required to make the sale of tobacco products, with questions referred to the manager; and

(V)  a disciplinary policy which includes employee counseling and suspension for failure to require valid photoidentification and dismissal for repeat improper sales.

(B)  informed all employees selling tobacco products through an established training program of the applicable Federal and State laws regarding the sale of tobacco products to minors;

(C)  documented employee training indicating that all employees selling tobacco products have been informed of and understand the written policy referred to in clause (A);

(D)  trained all employees selling tobacco products to verify that the purchaser is at least 18 years of age before selling tobacco products;

(E)  conspicuously posted a notice that selling tobacco products to a minor is illegal, that the purchase of tobacco products by a minor is illegal and that a violator is subject to penalties; and

(F)  established and implemented disciplinary sanctions for noncompliance with the policy under clause (A).

(ii)  An affirmative defense under this paragraph must be proved by a preponderance of the evidence.

(iii)  An affirmative defense under this paragraph may be used by a retailer no more than three times at each retail location during any 24-month period.

(2)  No more than one violation of subsection (a) per person arises out of separate incidents which take place in a 24-hour period.

(3)  It is not a violation of subsection (a.1)(1) for a minor to purchase or attempt to purchase a tobacco product if all of the following apply:

(i)  The minor is at least 14 years of age.

(ii)  The minor is an employee, volunteer or an intern with:

(A)  a State or local law enforcement agency;

(B)  the Department of Health or a primary contractor pursuant to Chapter 7 of the act of June 26, 2001 (P.L.755, No.77), known as the Tobacco Settlement Act;

(C)  a single county authority created pursuant to the act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act;

(D)  a county or municipal health department; or

(E)  a retailer.

(iii)  The minor is acting within the scope of assigned duties as part of an authorized investigation, compliance check under subsection (g) or retailer-organized self-compliance check.

(iv)  A minor shall not use or consume a tobacco product.

(g)  Compliance checks.--This subsection shall apply to compliance checks conducted by the Department of Health, a primary contractor pursuant to Chapter 7 of the Tobacco Settlement Act, a single county authority created pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act or a county or municipal health department for the purpose of conducting retailer education, assessing compliance with Federal or State law and enforcing the provisions of this section. Compliance checks shall be conducted, at a minimum, in accordance with all of the following:

(1)  Compliance checks shall only be conducted in consultation with the Department of Health and the law enforcement agency providing primary police services to the municipality where the compliance check is being conducted.

(2)  A minor participating in a compliance check must be at least 14 years of age, complete a course of training approved by the Department of Health and furnish the Department of Health with a signed, written parental consent agreement allowing the minor to participate in the compliance check.

(3)  A retailer that is found to be in compliance with this section during a compliance check shall be notified in writing of the compliance check and the determination of compliance.

(4)  Compliance checks conducted under this subsection shall be in a manner consistent with this subsection and the regulations as promulgated by the Department of Health.

(5)  The Department of Health, a primary contractor pursuant to Chapter 7 of the Tobacco Settlement Act, a single county authority created pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act or a county or municipal health department shall conduct a compliance check under this subsection no more than once every 30 days at any one retail location. This paragraph shall not preclude the law enforcement agency providing primary police services to the municipality in which the retail store is located from otherwise enforcing this section.

(6)  Individuals participating in compliance checks under this subsection shall not be deemed employees under the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, nor shall participating individuals be considered policemen under the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act.

(h)  Administrative action.--

(1)  Upon receiving notice, in accordance with subsection (c) or otherwise, of a third conviction of a retailer during any 24-month period, the department may, after an opportunity for a hearing, suspend the retailer's cigarette license for up to 30 days. The department, in a hearing held pursuant to this paragraph, has jurisdiction only to determine whether or not the retailer was convicted of a violation of subsection (a). The introduction of a certified copy of a conviction for a violation of subsection (a) shall be sufficient evidence for the suspension of the cigarette license.

(2)  Upon receiving notice, in accordance with subsection (c) or otherwise, of a fourth conviction of a retailer during any 24-month period, the department may, after an opportunity for a hearing, revoke the retailer's cigarette license for up to 60 days. The department, in a hearing held under this paragraph, has jurisdiction only to determine whether or not the retailer was convicted of a violation of subsection (a). The introduction of a certified copy of a conviction for a violation of subsection (a) shall be sufficient evidence for the revocation of the cigarette license.

(i)  Enforcement.--An employee of the Department of Health, a single county authority created pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, a county or municipal health department or a primary contractor pursuant to Chapter 7 of the Tobacco Settlement Act may institute a proceeding to enforce the provisions of this section in accordance with any means authorized by the Rules of Criminal Procedure. The enforcement authority granted pursuant to this subsection may not be delegated.

(j)  Other penalties.--Notwithstanding any other law to the contrary, prosecution or conviction under this section shall not constitute a bar to any prosecution, penalty or administrative action under any other applicable statutory provision.

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

"Cigarette."  A roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or other substance or material except tobacco. The term does not include a cigar.

"Cigarette license."  A license issued under section 203-A or 213-A of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.

"Department."  The Department of Revenue of the Commonwealth.

"Minor."  An individual under 18 years of age.

"Pack of cigarettes."  As defined in section 1201 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

"Pipe tobacco."  Any product containing tobacco made primarily for individual consumption that is intended to be smoked using tobacco paraphernalia.

"Retailer."  A person licensed under section 203-A or 213-A of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.

"Smokeless tobacco."  Any product containing finely cut, ground, powdered, blended or leaf tobacco made primarily for individual consumption that is intended to be placed in the oral or nasal cavity and not intended to be smoked. The term includes, but is not limited to, chewing tobacco, dipping tobacco and snuff.

"Tobacco product."  A cigarette, cigar, pipe tobacco or other smoking tobacco product or smokeless tobacco in any form, manufactured for the purpose of consumption by a purchaser, and any cigarette paper or product used for smoking tobacco.

"Tobacco vending machine."  A mechanical or electrical device from which one or more tobacco products are dispensed for a consideration.

18c6305v

(Feb. 14, 1990, P.L.54, No.7, eff. imd.; July 10, 2002, P.L.789, No.112, eff. 30 days; Oct. 24, 2018, P.L.659, No.95, eff. 180 days)

 

2018 Amendment.  Act 95 amended subsec. (b)(3).

2002 Amendment.  Section 4 of Act 112 provided that Act 112 shall apply to offenses committed on or after the effective date of Act 112.

Cross References.  Section 6305 is referred to in section 301 of Title 53 (Municipalities Generally).

18c6306s

§ 6306.  Furnishing cigarettes or cigarette papers (Repealed).

18c6306v

 

2002 Repeal.  Section 6306 was repealed July 10, 2002 (P.L.789, No.112), effective in 30 days.

18c6306.1s

§ 6306.1.  Use of tobacco in schools prohibited.

(a)  Offense defined.--A pupil who possesses or uses tobacco in a school building, a school bus or on school property owned by, leased by or under the control of a school district commits a summary offense.

(b)  Grading.--A pupil who commits an offense under this section shall be subject to prosecution initiated by the local school district and shall, upon conviction, be sentenced to pay a fine of not more than $50 for the benefit of the school district in which such offending pupil resides and to pay court costs. When a pupil is charged with violating subsection (a), the court may admit the offender to an adjudication alternative as authorized under 42 Pa.C.S. § 1520 (relating to adjudication alternative program) in lieu of imposing the fine.

(c)  Nature of offense.--A summary offense under this section shall not be a criminal offense of record, shall not be reportable as a criminal act and shall not be placed on the criminal record of the offending school-age person if any such record exists.

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

"Pupil."  A person between the ages of 6 and 21 years who is enrolled in school.

"School."  A school operated by a joint board, board of directors or school board where pupils are enrolled in compliance with Article XIII of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, including area vocational schools and intermediate units.

"Tobacco."  A lighted or unlighted cigarette, cigar, pipe or other lighted smoking product and smokeless tobacco in any form.

18c6306.1v

(Dec. 4, 1996, P.L.902, No.145, eff. 60 days)

 

1996 Amendment.  Act 145 added section 6306.1.

18c6307s

§ 6307.  Misrepresentation of age to secure liquor or malt or brewed beverages.

(a)  Offense defined.--A person is guilty of a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violations if he, being under the age of 21 years, knowingly and falsely represents himself to be 21 years of age or older to any licensed dealer, distributor or other person, for the purpose of procuring or having furnished to him, any liquor or malt or brewed beverages.

(b)  Minimum penalty.--A person who is convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for subsequent violations. No court shall have the authority to suspend any sentence as defined in this section.

(c)  Adjudication of delinquency.--In addition to any other disposition authorized by law, a person adjudicated delinquent under subsection (a) may be ordered to pay a fine not exceeding $500 for an adjudication of delinquency.

(d)  Preadjudication disposition.--

(1)  When a person is charged with violating subsection (a), the court may admit the offender to an adjudication alternative program under 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or to any other preadjudication disposition, if the offender has not previously received a preadjudication disposition for violating subsection (a).

(2)  The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.

18c6307v

(Mar. 25, 1988, P.L.262, No.31, eff. 60 days; Oct. 24, 2018, P.L.659, No.95, eff. 180 days)

 

2018 Amendment.  Act 95 amended subsec. (b).

Cross References.  Section 6307 is referred to in sections 6310.5, 6310.6, 6313 of this title; section 1532 of Title 75 (Vehicles).

18c6308s

§ 6308.  Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.

(a)  Offense defined.--A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions). For the purposes of this section, it shall not be a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.

(b)  Penalty.--A person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the first violation and not more than $1,000 for the second and each subsequent violation.

(c)  Preadjudication disposition.--

(1)  When a person is charged with violating subsection (a), the magisterial district judge may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).

(2)  The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.

(d)  Notification.--The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.

(e)  Exception for compliance checks.--(Repealed).

(f)  Exception for person seeking medical attention for another.--(Repealed).

18c6308v

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 25, 1988, P.L.262, No.31, eff. 60 days; Mar. 17, 2000, P.L.11, No.4, eff. 60 days; Dec. 3, 2002, P.L.1144, No.141, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; July 7, 2011, P.L.288, No.66, eff. 60 days; Oct. 25, 2012, P.L.1663, No.205, eff. 60 days; Dec. 22, 2017, P.L.1237, No.75, eff. imd.; Oct. 19, 2018, P.L.535, No.80, eff. 30 days; Oct. 24, 2018, P.L.659, No.95, eff. 180 days)

 

2018 Amendments.  Act 80 repealed subsec. (f) and Act 95 amended subsec. (b). Act 80 of 2018 shall be referred to as the "Timothy J. Piazza Antihazing Law."

2017 Amendment.  Act 75 repealed subsec. (e) and section 2 of Act 141 of 2002.

2012 Amendment.  Section 2 of Act 205 provided that the amendment shall apply to offenses committed on or after the effective date of section 2.

2007 Amendment.  Section 2 of Act 141 of 2002 was amended by Act 75 of 2007, amending the expiration date of subsec. (e) to December 31, 2017.

2004 Amendment.  Act 207 amended subsec. (c)(1). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

2002 Amendment.  Act 141 added subsec. (e). Section 2 of Act 141 provided that subsec. (e) shall expire December 31, 2007, unless sooner reauthorized by the General Assembly.

2000 Amendment.  Act 4 amended subsec. (a).

Cross References.  Section 6308 is referred to in sections 2810, 6308.1, 6310.5, 6310.6, 6313, 9122, 9123 of this title; sections 1518, 3905 of Title 4 (Amusements); sections 3573, 8902 of Title 42 (Judiciary and Judicial Procedure); sections 1532, 1553 of Title 75 (Vehicles).

18c6308.1s

§ 6308.1.  Safe harbor for violation of section 6308(a).

(a)  Immunity for the individual seeking medical attention for another.--An individual shall not be prosecuted for an offense under section 6308(a) (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) if the individual can establish all of the following:

(1)  A law enforcement officer first became aware of the individual's violation of section 6308(a) because the individual placed a 911 call or contacted campus security, police or emergency services, based on a reasonable belief that another individual was in need of immediate medical attention to prevent death or serious bodily injury.

(2)  The individual reasonably believed the individual was the first individual to make a 911 call or contact campus security, police or emergency services and report that the other individual needed immediate medical attention to prevent death or serious bodily injury.

(3)  The individual provided the individual's own name to the 911 operator or equivalent campus security officer, police or emergency services personnel.

(4)  The individual remained with the other individual needing medical assistance until a campus security officer, police or emergency services personnel arrived and the need for the individual's presence ended.

(b)  Immunity for the individual needing medical attention.--An individual needing medical attention shall be immune under this section from prosecution for an offense under section 6308(a) if another individual reported the incident and remained with the individual needing medical attention and is entitled to immunity under this section.

(c)  Limitations.--The immunity described under this section shall be limited as follows:

(1)  This section may not bar prosecuting a person for an offense under section 6308(a) if a law enforcement officer learns of the offense prior to and independent of the action of seeking or obtaining emergency assistance as described in subsection (a).

(2)  This section shall not interfere with or prevent the investigation, arrest, charging or prosecution of an individual for a crime other than an offense under section 6308(a).

(3)  This section shall not bar the admissibility of evidence in connection with the investigation and prosecution for a crime other than an offense under section 6308(a).

(4)  This section shall not bar the admissibility of evidence in connection with the investigation and prosecution of a crime with regard to another defendant who does not independently qualify for immunity under this section.

(d)  Good faith immunity.--In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer, campus security officer or prosecuting attorney who, acting in good faith, charges a person who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the filing of the charges.

(e)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"911 system."  A system, including enhanced 911 service and a wireless e-911 system, that permits a person dialing 911 by telephone to be connected to a public safety answering point, via normal telephone facilities, for the reporting of police, fire, medical or other emergency situations.

"Campus security officer."  An employee of an institution of higher education charged with maintaining the safety and security of the property of the institution and persons on the property.

"Emergency services personnel."  Individuals, including a trained volunteer or a member of the armed forces of the United States or the National Guard, whose official or assigned responsibilities include performing or directly supporting the performance of emergency medical and rescue services or firefighting.

"Law enforcement officer."  A person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or a person on active State duty under 51 Pa.C.S. § 508 (relating to active duty for emergency).

18c6308.1v

(Oct. 19, 2018, P.L.535, No.80, eff. 30 days)

 

2018 Amendment.  Act 80 added section 6308.1. Act 80 of 2018 shall be referred to as the "Timothy J. Piazza Antihazing Law."

18c6309s

§ 6309.  Representing that minor is of age.

(a)  Offense defined.--A person is guilty of a misdemeanor of the third degree if he knowingly, willfully, and falsely represents to any licensed dealer, or other person, any minor to be of full age, for the purpose of inducing any such licensed dealer or other person, to sell or furnish any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions), to the minor.

(b)  Minimum penalty.--In addition to any other penalty imposed pursuant to this title or other statute, a person committing an offense under this section shall be sentenced to pay a fine of not less than $300. There shall be no authority in any court to impose on an offender any lesser sentence than the minimum sentence mandated by this subsection. In no case shall the sentence exceed the maximum sentence prescribed by law. No court shall have the authority to suspend any sentence as defined in this section.

18c6309v

(Mar. 25, 1988, P.L.262, No.31, eff. 60 days)

 

Cross References.  Section 6309 is referred to in section 6310.6 of this title.

18c6310s

§ 6310.  Inducement of minors to buy liquor or malt or brewed beverages.

(a)  Offense defined.--A person is guilty of a misdemeanor of the third degree if he hires or requests or induces any minor to purchase, or offer to purchase, liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions), from a duly licensed dealer for any purpose.

(b)  Minimum penalty.--In addition to any other penalty imposed pursuant to this title or other statute, a person convicted of an offense under this section shall be sentenced to pay a fine of not less than $300. There shall be no authority in any court to impose on an offender any lesser sentence than the minimum sentence mandated by this subsection. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than the minimum sentence mandated in this subsection. In no case shall the sentence exceed the maximum sentence prescribed by law. No court shall have the authority to suspend any sentence as defined in this section.

(c)  Exception for compliance checks.--(Repealed).

18c6310v

(Mar. 25, 1988, P.L.262, No.31, eff. 60 days; Dec. 3, 2002, P.L.1144, No.141, eff. 60 days; Dec. 22, 2017, P.L.1237, No.75, eff. imd.)

 

2017 Amendment.  Act 75 repealed subsec. (c) and section 2 of Act 141 of 2002.

2007 Amendment.  Section 2 of Act 141 of 2002 was amended by Act 75 of 2007, amending the expiration date of subsec. (c) to December 31, 2017.

2002 Amendment.  Section 2 of Act 141 provided that subsec. (c) shall expire December 31, 2007, unless sooner reauthorized by the General Assembly.

Cross References.  Section 6310 is referred to in section 6310.6 of this title.

18c6310.1s

§ 6310.1.  Selling or furnishing liquor or malt or brewed beverages to minors.

(a)  Offense defined.--Except as provided in subsection (b), a person commits a misdemeanor of the third degree if he intentionally and knowingly sells or intentionally and knowingly furnishes, or purchases with the intent to sell or furnish, any liquor or malt or brewed beverages to a person who is less than 21 years of age.

(b)  Exceptions.--The provisions of this section shall not apply to any religious service or ceremony which may be conducted in a private home or a place of worship where the amount of wine served does not exceed the amount reasonably, customarily and traditionally required as an integral part of the service or ceremony.

(c)  Minimum penalty.--In addition to any other penalty imposed pursuant to this title or other statute, a person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $1,000 for the first violation and a fine of $2,500 for each subsequent violation. There shall be no authority in any court to impose on an offender any lesser sentence than the minimum sentence mandated by this subsection. No court shall have the authority to suspend any sentence as defined in this section. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than the minimum sentence mandated in this subsection. In no case shall the sentence exceed the maximum sentence prescribed by law.

18c6310.1v

(Mar. 25, 1988, P.L.262, No.31, eff. 60 days)

 

1988 Amendment.  Act 31 added section 6310.1.

Cross References.  Section 6310.1 is referred to in section 6310.6 of this title.

18c6310.2s

§ 6310.2.  Manufacture or sale of false identification card.

(a)  Offense defined.--A person commits a misdemeanor of the second degree if he intentionally, knowingly or recklessly manufactures, makes, alters, sells or attempts to sell an identification card falsely representing the identity, birth date or age of another.

(b)  Minimum penalty.--In addition to any other penalty imposed pursuant to this title or any other statute, a person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $1,000 for the first violation and a fine of not less than $2,500 for each subsequent violation. There shall be no authority in any court to impose on an offender any lesser sentence than the minimum sentence mandated by this subsection. In no case shall the sentence exceed the maximum sentence prescribed by law. No court shall have the authority to suspend any sentence as defined in this section.

(c)  Adjudication of delinquency.--In addition to any other disposition authorized by law, a person adjudicated delinquent under subsection (a) shall be ordered to pay a fine of $500 for the first adjudication of delinquency and a fine of $1,000 for each subsequent adjudication of delinquency.

18c6310.2v

(Mar. 25, 1988, P.L.262, No.31, eff. 60 days)

 

1988 Amendment.  Act 31 added section 6310.2.

Cross References.  Section 6310.2 is referred to in section 6310.6 of this title.

18c6310.3s

§ 6310.3.  Carrying a false identification card.

(a)  Offense defined.--A person commits a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violation if he, being under 21 years of age, possesses an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age or older or obtains or attempts to obtain liquor or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses the card.

(b)  Minimum penalty.--A person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not more than $500 for the second and subsequent violations. No court shall have the authority to suspend any sentence as defined in this section.

(c)  Adjudication of delinquency.--In addition to any other disposition authorized by law, a person adjudicated delinquent under subsection (a) may be ordered to pay a fine not exceeding $500 for an adjudication of delinquency.

(d)  Preadjudication disposition.--

(1)  When a person is charged with violating subsection (a), the court may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).

(2)  The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.

(e)  Notification.--The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.

18c6310.3v

(Mar. 25, 1988, P.L.262, No.31, eff. 60 days; Oct. 24, 2018, P.L.659, No.95, eff. 180 days)

 

2018 Amendment.  Act 95 amended subsec. (b).

1988 Amendment.  Act 31 added section 6310.3.

Cross References.  Section 6310.3 is referred to in sections 6310.5, 6310.6, 6313 of this title; section 1532 of Title 75 (Vehicles).

18c6310.4s

§ 6310.4.  Restriction of operating privileges (Repealed).

18c6310.4v

 

2018 Repeal.  Section 6310.4 was repealed October 24, 2018, P.L.659, No.95, effective in 180 days.

18c6310.5s

§ 6310.5.  Predisposition evaluation.

(a)  General rule.--If an individual is convicted, adjudicated delinquent or offered preadjudication disposition for a violation of section 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages), 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false identification card), the following shall apply:

(1)  For a first violation of any of the preceding offenses, the court may, in addition to other requirements, require the individual to be evaluated prior to an adjudication of delinquency, sentencing or receiving preadjudication disposition.

(2)  For a subsequent violation of any of the preceding offenses, the court shall, in addition to other requirements, require the individual to be evaluated prior to sentencing or receiving preadjudication disposition.

(3)  Evaluation under this subsection may consist of evaluation techniques if deemed appropriate by the court to determine the extent of the individual's involvement with alcohol.

(b)  Program of education, intervention and counseling.--Based on the results of the evaluation authorized under subsection (a) and any additional information, the court may require that the person successfully complete a prescribed program of education, intervention or counseling approved by the Department of Health.

(c)  Costs.--Costs of any and all requirements applied under this section shall be in addition to any other penalty required or allowed by law and shall be the responsibility of the person upon whom the requirement is placed.

18c6310.5v

(Mar. 25, 1988, P.L.262, No.31, eff. 60 days)

 

1988 Amendment.  Act 31 added section 6310.5.

18c6310.6s

§ 6310.6.  Definitions.

The following words and phrases when used in sections 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages) through 6310.3 (relating to carrying a false identification card) shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Furnish."  To supply, give or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged.

"Identification card."  A driver's license, a Department of Transportation nondriver's identification card or a card issued by the Pennsylvania Liquor Control Board for the purpose of identifying a person desiring liquor or malt or brewed beverages, a card which falsely purports to be any of the foregoing, or any card, paper or document which falsely identifies the person by name, photograph, age or date of birth as being 21 years of age or older.

"Liquor."  Includes any alcoholic, spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise alcoholic, including all drinks or drinkable liquids, preparations or mixtures and reused, recovered or redistilled denatured alcohol usable or taxable for beverage purposes which contain more than 0.50% of alcohol by volume, except pure ethyl alcohol and malt or brewed beverages.

"Malt or brewed beverages."  Any beer, lager beer, ale, porter or similar fermented malt beverage containing 0.50% or more of alcohol by volume, by whatever name such beverage may be called.

18c6310.6v

(Mar. 25, 1988, P.L.262, No.31, eff. 60 days)

 

1988 Amendment.  Act 31 added section 6310.6.

Cross References.  Section 6310.6 is referred to in sections 6308, 6309, 6310 of this title.

18c6310.7s

§ 6310.7.  Selling or furnishing nonalcoholic beverages to persons under 21 years of age.

(a)  Offense defined.--A person commits a summary offense if he intentionally and knowingly sells or furnishes nonalcoholic beverages to any person under 21 years of age.

(b)  Definitions.--As used in this section, the term "nonalcoholic beverage" means any beverage intended to be marketed or sold as nonalcoholic beer, wine or liquor having some alcohol content but does not contain more than 0.5% alcohol by volume.

18c6310.7v

(Dec. 12, 1994, P.L.1248, No.148, eff. 60 days)

 

1994 Amendment.  Act 148 added section 6310.7. See the preamble to Act 148 in the appendix to this title for special provisions relating to legislative findings and declarations.

18c6311s

§ 6311.  Tattooing and body piercing.

(a)  Tattooing.--A person commits an offense if he tattoos any person under the age of 18 years without the parent or guardian of such person giving consent for the tattooing of the person and being present at the time of the tattooing of the person.

(b)  Body piercing.--A person commits an offense if for compensation he punctures a part of the body of any person under the age of 18 years with the intent to create a permanent hole for cosmetic purposes without the parent or guardian of such person giving consent for the piercing of the person and being present at the time of the piercing of the person.

(c)  Grading.--A person who commits an offense under this section shall be guilty of a misdemeanor of the third degree for the first offense. A person who commits a second or subsequent offense under this section within one year of the preceding offense commits a misdemeanor of the second degree.

18c6311v

(May 21, 2004, P.L.232, No.36, eff. 60 days)

18c6312s

§ 6312.  Sexual abuse of children.

(a)  Definition.--(Deleted by amendment).

(b)  Photographing, videotaping, depicting on computer or filming sexual acts.--

(1)  Any person who causes or knowingly permits a child under the age of 18 years to engage in a prohibited sexual act or in the simulation of such act commits an offense if such person knows, has reason to know or intends that such act may be photographed, videotaped, depicted on computer or filmed.

(2)  Any person who knowingly photographs, videotapes, depicts on computer or films a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such an act commits an offense.

(c)  Dissemination of photographs, videotapes, computer depictions and films.--Any person who knowingly sells, distributes, delivers, disseminates, transfers, displays or exhibits to others, or who possesses for the purpose of sale, distribution, delivery, dissemination, transfer, display or exhibition to others, any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act commits an offense.

(d)  Child pornography.--Any person who intentionally views or knowingly possesses or controls any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act commits an offense.

(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.

(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).

(e)  Evidence of age.--In the event a person involved in a prohibited sexual act is alleged to be a child under the age of 18 years, competent expert testimony shall be sufficient to establish the age of said person.

(e.1)  Mistake as to age.--Under subsection (b) only, it is no defense that the defendant did not know the age of the child. Neither a misrepresentation of age by the child nor a bona fide belief that the person is over the specified age shall be a defense.

(f)  Exceptions.--This section does not apply to any of the following:

(1)  Any material that is viewed, possessed, controlled, brought or caused to be brought into this Commonwealth, or presented, for a bona fide educational, scientific, governmental or judicial purpose.

(2)  Conduct prohibited under section 6321 (relating to transmission of sexually explicit images by minor), unless the conduct is specifically excluded by section 6321(d).

(3)  An individual under 18 years of age who knowingly views, photographs, videotapes, depicts on a computer or films or possesses or intentionally views a visual depiction as defined in section 6321 of himself alone in a state of nudity as defined in section 6321.

(f.1)  Criminal action.--

(1)  A district attorney shall have the authority to investigate and to institute criminal proceedings for any violation of this section.

(2)  In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for any violation of this section or any series of violations of this section involving more than one county of this Commonwealth or involving any county of this Commonwealth and another state. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

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

"Intentionally views."  The deliberate, purposeful, voluntary viewing of material depicting a child under 18 years of age engaging in a prohibited sexual act or in the simulation of such act. The term shall not include the accidental or inadvertent viewing of such material.

"Prohibited sexual act."  Sexual intercourse as defined in section 3101 (relating to definitions), masturbation, sadism, masochism, bestiality, fellatio, cunnilingus, lewd exhibition of the genitals or nudity if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such depiction.

18c6312v

(Oct. 26, 1977, P.L.212, No.62, eff. 60 days; Dec. 19, 1988, P.L.1275, No.158, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Nov. 20, 2002, P.L.1104, No.134, eff. 60 days; July 14, 2009, P.L.63, No.15, eff. 60 days; Oct. 7, 2010, P.L.482, No.69, eff. 60 days; Oct. 25, 2012, P.L.1623, No.198, eff. 60 days; Dec. 18, 2013, P.L.1163, No.105, eff. Jan. 1, 2014)

 

2013 Amendment.  Act 105 amended subsecs. (b), (c) and (d) and added subsec. (d.1).

2012 Amendment.  Act 198 amended subsec. (f).

2010 Amendment.  Act 69 added subsec. (f.1).

2009 Amendment.  Act 15 amended subsecs. (d) hdg. and (1) and (f), added subsec. (g) and deleted subsec. (a).

Cross References.  Section 6312 is referred to in sections 3051, 3104, 3131, 5743.1, 6318, 6321, 7621, 7626, 7627 of this title; section 3304 of Title 5 (Athletics and Sports); section 2106 of Title 20 (Decedents, Estates and Fiduciaries); sections 5329, 6303, 6344, 6702 of Title 23 (Domestic Relations); sections 5552, 5985.1, 5993, 62A03, 6302, 9718.1, 9720.5, 9799.14 of Title 42 (Judiciary and Judicial Procedure).

18c6313s

§ 6313.  Special information.

(a)  General rule.--At the time of conviction or admission to a preadjudication disposition for a violation of section 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages), 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false identification card), the court shall provide to the Department of Transportation, in such form as prescribed by the department, the name of the offender, the offender's date of birth, the disposition of the case and the duration of any license suspension.

(b)  Availability.--Information under this section shall be available to law enforcement agencies and the judicial system for the purpose of determining whether the offender has a prior record of violation of the offenses listed in subsection (a).

18c6313v

(Mar. 25, 1988, P.L.262, No.31, eff. 60 days)

 

1988 Amendment.  Act 31 added section 6313.

18c6314s

§ 6314.  Sentencing and penalties for trafficking drugs to minors.

(a)  General rule.--A person over 18 years of age who is convicted in any court of this Commonwealth of a violation of section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, shall, if the delivery or possession with intent to deliver of the controlled substance was to a minor, be sentenced to a minimum sentence of at least one year total confinement, notwithstanding any other provision of this title or other statute to the contrary.

(b)  Additional penalties.--In addition to the mandatory minimum sentence set forth in subsection (a), the person shall be sentenced to an additional minimum sentence of at least two years total confinement, notwithstanding any other provision of this title or other statute to the contrary, if the person did any of the following:

(1)  Committed the offense with the intent to promote the habitual use of the controlled substance.

(2)  Intended to engage the minor in the trafficking, transportation, delivery, manufacturing, sale or conveyance.

(3)  Committed the offense within 1,000 feet of the real property on which is located a public, private or parochial school or a college or university.

(4)  Committed the offense on a school bus or within 500 feet of a school bus stop.

(c)  Proof at sentencing.--The provisions of this section shall not be an element of the crime. Notice of the applicability of this section to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider evidence presented at trial, shall afford the Commonwealth and the defendant an opportunity to present necessary additional evidence, and shall determine, by a preponderance of the evidence, if this section is applicable.

(d)  Authority of court in sentencing.--There shall be no authority for a court to impose on a defendant to which this section is applicable a lesser sentence than provided for in subsection (a), to place the defendant on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section. Disposition under section 17 or 18 of The Controlled Substance, Drug, Device and Cosmetic Act shall not be available to a defendant to which this section applies.

(e)  Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

(f)  Forfeiture.--Assets against which a petition seeking forfeiture has been filed and is pending or against which the Commonwealth has indicated an intention to file a petition seeking forfeiture shall not be subject to a fine under this section.

(g)  Definition.--As used in this section, the term "minor" means an individual under 18 years of age.

18c6314v

(Mar. 25, 1988, P.L.262, No.31, eff. July 1, 1988; May 9, 1997, P.L.142, No.8, eff. 60 days; June 29, 2017, P.L.247, No.13, eff. July 1, 2017)

 

2017 Amendment.  Act 13 amended subsec. (f).

1997 Amendment.  Act 8 amended subsec. (b).

1988 Amendment.  Act 31 added section 6314.

Cross References.  Section 6314 is referred to in section 6317 of this title.

18c6315s

§ 6315.  Selling or furnishing butane to minors.

(a)  Offense defined.--A person commits a summary offense if he knowingly sells or knowingly furnishes or purchases with the intent to sell or furnish butane to a person who is less than 18 years of age, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the person who is less than 18 years of age.

(b)  Penalty.--A person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $250 for the first violation and a fine of $500 for each subsequent violation.

(c)  Definition.--As used in this section, the term "butane" means any product which contains 90% by weight or more of n-butane, isobutane or both. It does not include products which contain n-butane, isobutane or both as a secondary component, or within the formulation as a solvent or propellant.

18c6315v

(Nov. 22, 1995, P.L.621, No.66, eff. 60 days)

 

1995 Amendment.  Act 66 added section 6315.

18c6316s

§ 6316.  Selling or furnishing certain stimulants to minors.

(a)  Offense defined.--A person commits a summary offense if he knowingly sells or purchases with the intent to sell ephedrine to a person who is less than 18 years of age.

(b)  Penalty.--A person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $250 nor more than $500 for the first violation and a fine of $500 for each subsequent violation.

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

"Ephedrine."

(1)  Except as provided in paragraph (2), any product that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine or a salt of an optical isomer of ephedrine.

(2)  The term does not include a product containing ephedrine if it may lawfully be sold over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.); is labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or Final Monograph; is manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse; and as described as follows:

(i)  Solid oral dosage forms, including soft gelatin caplets, that combine active ingredients in the following ranges for each dosage unit:

(A)  Theophylline (100-130 mg), ephedrine (12.5-24 mg).

(B)  Theophylline (60-100 mg), ephedrine (12.5-24 mg), guaifenesin (200-400 mg).

(C)  Ephedrine (12.5-25 mg), guaifenesin (200-400 mg).

(D)  Phenobarbital (not greater than 8 mg) in combination with the ingredients of clause (A) or (B).

(ii)  Liquid oral dosage forms that combine active ingredients in the following ranges for each 5 ml dose:

(A)  Theophylline (not greater than 45 mg), ephedrine (not greater than 36 mg), guaifenesin (not greater than 100 mg), phenobarbital (not greater than 12 mg).

(B)  Phenylephephrine (not greater than 5 mg), ephedrine (not greater than 5 mg), chlorpheniramine (not greater than 2 mg), dextromethorphan (not greater than 10 mg), ammonium Cl (not greater than 40 mg), ipecac fluid extract (not greater than 0.005 ml).

(iii)  Anorectal preparations containing less than 5% ephedrine.

(iv)  Any liquid compound, mixture or preparation containing 0.5% or less of ephedrine.

18c6316v

(May 9, 1997, P.L.142, No.8, eff. 60 days)

 

1997 Amendment.  Act 8 added section 6316. See the preamble to Act 8 in the appendix to this title for special provisions relating to legislative findings and declarations.

18c6317s

§ 6317.  Drug-free school zones.

(a)  General rule.--A person 18 years of age or older who is convicted in any court of this Commonwealth of a violation of section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, shall, if the delivery or possession with intent to deliver of the controlled substance occurred within 1,000 feet of the real property on which is located a public, private or parochial school or a college or university or within 250 feet of the real property on which is located a recreation center or playground or on a school bus, be sentenced to a minimum sentence of at least two years of total confinement, notwithstanding any other provision of this title, The Controlled Substance, Drug, Device and Cosmetic Act or other statute to the contrary. The maximum term of imprisonment shall be four years for any offense:

(1)  subject to this section; and

(2)  for which The Controlled Substance, Drug, Device and Cosmetic Act provides for a maximum term of imprisonment of less than four years.

If the sentencing court finds that the delivery or possession with intent to deliver was to an individual under 18 years of age, then this section shall not be applicable and the offense shall be subject to section 6314 (relating to sentencing and penalties for trafficking drugs to minors).

(b)  Proof at sentencing.--The provisions of this section shall not be an element of the crime. Notice of the applicability of this section to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider evidence presented at trial, shall afford the Commonwealth and the defendant an opportunity to present necessary additional evidence and shall determine by a preponderance of the evidence if this section is applicable.

(c)  Authority of court in sentencing.--There shall be no authority for a court to impose on a defendant to which this section is applicable a lesser sentence than provided for in subsection (a), to place the defendant on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section. Disposition under section 17 or 18 of The Controlled Substance, Drug, Device and Cosmetic Act shall not be available to a defendant to which this section applies.

(d)  Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

18c6317v

(June 25, 1997, P.L.284, No.26, eff. 60 days)

 

1997 Amendment.  Act 26 added section 6317. Section 5 of Act 26 provided that the addition of section 6317 shall apply to all offenses occuring on or after the effective date of Act 26.

18c6318s

§ 6318.  Unlawful contact with minor.

(a)  Offense defined.--A person commits an offense if he is intentionally in contact with a minor, or a law enforcement officer acting in the performance of his duties who has assumed the identity of a minor, for the purpose of engaging in an activity prohibited under any of the following, and either the person initiating the contact or the person being contacted is within this Commonwealth:

(1)  Any of the offenses enumerated in Chapter 31 (relating to sexual offenses).

(2)  Open lewdness as defined in section 5901 (relating to open lewdness).

(3)  Prostitution as defined in section 5902 (relating to prostitution and related offenses).

(4)  Obscene and other sexual materials and performances as defined in section 5903 (relating to obscene and other sexual materials and performances).

(5)  Sexual abuse of children as defined in section 6312 (relating to sexual abuse of children).

(6)  Sexual exploitation of children as defined in section 6320 (relating to sexual exploitation of children).

(b)  Grading.--A violation of subsection (a) is:

(1)  an offense of the same grade and degree as the most serious underlying offense in subsection (a) for which the defendant contacted the minor; or

(2)  a felony of the third degree;

whichever is greater.

(b.1)  Concurrent jurisdiction to prosecute.--The Attorney General shall have concurrent prosecutorial jurisdiction with the district attorney for violations under this section and any crime arising out of the activity prohibited by this section when the person charged with a violation of this section contacts a minor through the use of a computer, computer system or computer network. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

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

"Computer."  An electronic, magnetic, optical, hydraulic, organic or other high-speed data processing device or system which performs logic, arithmetic or memory functions and includes all input, output, processing, storage, software or communication facilities which are connected or related to the device in a computer system or computer network.

"Computer network."  The interconnection of two or more computers through the usage of satellite, microwave, line or other communication medium.

"Computer system."  A set of related, connected or unconnected computer equipment, devices and software.

"Contacts."  Direct or indirect contact or communication by any means, method or device, including contact or communication in person or through an agent or agency, through any print medium, the mails, a common carrier or communication common carrier, any electronic communication system and any telecommunications, wire, computer or radio communications device or system.

"Minor."  An individual under 18 years of age.

18c6318v

(Dec. 19, 1997, P.L.615, No.62, eff. imd.; Nov. 20, 2002, P.L.1104, No.134, eff. 60 days; Dec. 9, 2002, P.L.1391, No.172, eff. 60 days; Nov. 29, 2006, P.L.1567, No.178, eff. Jan. 1, 2007)

 

2006 Amendment.  See the preamble to Act 178 in the appendix to this title for special provisions relating to legislative intent.

Cross References.  Section 6318 is referred to in sections 3104, 5708, 5743.1 of this title; sections 5329, 6303, 6702 of Title 23 (Domestic Relations); sections 5985.1, 5993, 62A03, 9718.1, 9799.14 of Title 42 (Judiciary and Judicial Procedure).

18c6319s

§ 6319.  Solicitation of minors to traffic drugs.

(a)  Offense defined.--A person 18 years of age or older commits a felony of the second degree if he solicits a person who is less than 18 years of age to engage in a violation of section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or delivers or conspires to deliver a controlled substance to such a person, intending, knowing or having reason to know that the person intends to engage in such a violation with the controlled substance.

(b)  Drug-free school zone.--A person violating subsection (a) commits a felony of the first degree if he intends, knows or has reason to know that the person under 18 years of age intends to violate section 13(a)(14) or (30) of The Controlled Substance, Drug, Device and Cosmetic Act in a drug-free school zone.

(c)  Definition.--As used in this section, the term "drug-free school zone" means the area within 1,000 feet of the real property on which is located a public, private or parochial school or a college or university. The term also includes a school bus or the area within 500 feet of a school bus stop.

18c6319v

(Mar. 24, 1998, P.L.228, No.40, eff. 60 days)

 

1998 Amendment.  Act 40 added section 6319.

18c6320s

§ 6320.  Sexual exploitation of children.

(a)  Offense defined.--A person commits the offense of sexual exploitation of children if he procures for another person a child under 18 years of age for the purpose of sexual exploitation.

(b)  Penalty.--An offense under this section is a felony of the second degree.

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

"Procure."  To obtain or make available for sexual exploitation.

"Sexual exploitation."  Actual or simulated sexual activity or nudity arranged for the purpose of sexual stimulation or gratification of any person.

18c6320v

(May 10, 2000, P.L.41, No.14, eff. 60 days)

 

2000 Amendment.  Act 14 added section 6320.

Cross References.  Section 6320 is referred to in sections 3104, 5743.1, 6318 of this title; sections 5329, 6303, 6702 of Title 23 (Domestic Relations); sections 5552, 5985.1, 5993, 62A03, 9718.1, 9799.14 of Title 42 (Judiciary and Judicial Procedure).

18c6321s

§ 6321.  Transmission of sexually explicit images by minor.

(a)  Summary offense.--Except as provided in section 6312 (relating to sexual abuse of children), a minor commits a summary offense when the minor:

(1)  Knowingly transmits, distributes, publishes or disseminates an electronic communication containing a sexually explicit image of himself.

(2)  Knowingly possesses or knowingly views a sexually explicit image of a minor who is 12 years of age or older.

(b)  Misdemeanor of the third degree.--Except as provided in section 6312, a minor commits a misdemeanor of the third degree when the minor knowingly transmits, distributes, publishes or disseminates an electronic communication containing a sexually explicit image of another minor who is 12 years of age or older.

(c)  Misdemeanor of the second degree.--Except as provided in section 6312, a minor commits a misdemeanor of the second degree when, with the intent to coerce, intimidate, torment, harass or otherwise cause emotional distress to another minor, the minor:

(1)  makes a visual depiction of any minor in a state of nudity without the knowledge and consent of the depicted minor; or

(2)  transmits, distributes, publishes or disseminates a visual depiction of any minor in a state of nudity without the knowledge and consent of the depicted minor.

(d)  Application of section.--This section shall not apply to the following:

(1)  Conduct that involves images that depict sexual intercourse, deviate sexual intercourse or penetration, however slight, of the genitals or anus of a minor, masturbation, sadism, masochism or bestiality.

(2)  Conduct that involves a sexually explicit image of a minor if the image was taken, made, used or intended to be used for or in furtherance of a commercial purpose.

(e)  Forfeiture.--Any electronic communication device used in violation of this section shall be subject to forfeiture to the Commonwealth, and no property right shall exist in it.

(f)  Diversionary program.--The magisterial district judge or any judicial authority with jurisdiction over the violation shall give first consideration to referring a person charged with a violation of subsection (a) to a diversionary program under 42 Pa.C.S. § 1520 (relating to adjudication alternative program) and the Pennsylvania Rules of Criminal Procedure. As part of the diversionary program, the magisterial district judge or any judicial authority with jurisdiction over the violation may order the person to participate in an educational program which includes the legal and nonlegal consequences of sharing sexually explicit images. If the person successfully completes the diversionary program, the person's records of the charge of violating subsection (a) shall be expunged as provided for under Pa.R.C.P. No.320 (relating to expungement upon successful completion of ARD program).

(g)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Disseminate."  To cause or make an electronic or actual communication from one person, place or electronic communication device to two or more other persons, places or electronic communication devices.

"Distribute."  To deliver or pass out.

"Electronic communication."  As defined in section 5702 (relating to definitions).

"Knowingly possesses."  The deliberate, purposeful, voluntary possession of a sexually explicit image of another minor who is 12 years of age or older. The term shall not include the accidental or inadvertent possession of such an image.

"Knowingly views."  The deliberate, purposeful, voluntary viewing of a sexually explicit image of another minor who is 12 years of age or older. The term shall not include the accidental or inadvertent viewing of such an image.

"Minor."  An individual under 18 years of age.

"Nudity."  The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.

"Publish."  To issue for distribution.

"Sexually explicit image."  A lewd or lascivious visual depiction of a minor's genitals, pubic area, breast or buttocks or nudity, if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such nudity.

"Transmit."  To cause or make an electronic communication from one person, place or electronic communication device to only one other person, place or electronic communication device.

"Visual depiction."  A representation by picture, including, but not limited to, a photograph, videotape, film or computer image.

18c6321v

(Oct. 25, 2012, P.L.1623, No.198, eff. 60 days)

 

2012 Amendment.  Act 198 added section 6321.

Cross References.  Section 6321 is referred to in sections 3131, 6312 of this title.

18c6322s

§ 6322.  Access of minors to dextromethorphan.

(a)  Offenses defined.--

(1)  A person commits a summary offense if he knowingly sells or purchases with the intent to sell a finished drug product containing any quantity of dextromethorphan to a person who is less than 18 years of age.

(2)  A person commits a summary offense if he falsely represents himself to be 18 years of age or older to another for the purpose of procuring a finished drug product containing any quantity of dextromethorphan.

(b)  Proof of age requirements.--A person making a retail sale of a finished drug product containing any quantity of dextromethorphan shall obtain proof of age from the purchaser before completing the sale unless the purchaser's outward appearance is such that a person would reasonably presume the purchaser to be at least 25 years of age.

(c)  Penalty.--A person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $250 nor more than $500 for the first violation and a fine of $500 for each subsequent violation.

(d)  Exception.--This section does not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription.

(e)  Preemption.--This section shall be construed to preempt any ordinance regulating the sale, distribution, receipt or possession of dextromethorphan enacted by any political subdivision, and dextromethorphan is not subject to further regulation by political subdivisions.

(f)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Finished drug product."  A drug legally marketed under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) that is in finished dosage form.

"Proof of age."  A document issued by a governmental agency that contains a description or photograph of a person and gives the person's date of birth, including a passport, military identification card or driver's license.

18c6322v

(Oct. 24, 2018, P.L.727, No.116, eff. 60 days)

 

2018 Amendment.  Act 116 added section 6322.