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PRINTER'S NO. 1649
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1134
Session of
2018
INTRODUCED BY SCHWANK, VULAKOVICH, LEACH, KILLION,
RESCHENTHALER, BREWSTER, FARNESE, RAFFERTY, BLAKE, MENSCH,
SABATINA, COSTA, BROWNE, HUGHES, AUMENT, HAYWOOD AND
YUDICHAK, APRIL 16, 2018
REFERRED TO JUDICIARY, APRIL 16, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in sexual offenses, providing for the
offense of sexual extortion.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3132. Sexual extortion.
(a) Offense defined.--A person commits the crime of sexual
extortion when the person intentionally or knowingly coerces or
causes another person to engage in sexual conduct or simulated
sexual conduct or to produce, disseminate or distribute an
image, video or other recording of another person in a state of
nudity or engaged in sexual conduct or simulated sexual conduct
by:
(1) harming or threatening to harm the person, property,
reputation or other thing of value of the other person;
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(2) distributing, disseminating or threatening to
distribute or disseminate an image, video or other recording
of the other person in a state of nudity or engaged in sexual
conduct or simulated sexual conduct;
(3) exposing or threatening to expose any fact of
information that if revealed would tend to subject the other
person to criminal proceedings, hatred, contempt or ridicule;
or
(4) holding out, withholding or threatening to withhold
a service, employment, position or other thing of use or
value.
(b) Grading.--
(1) Except as otherwise provided, a violation of this
section shall constitute a misdemeanor of the first degree.
(2) A violation of this section shall constitute a
felony of the third degree when any of the following apply at
the time of the offense:
(i) the victim is less than 18 years of age;
(ii) the victim has an intellectual disability;
(iii) the person holds a position of trust or
supervisory or disciplinary power over the victim by
virtue of the person's legal, professional or
occupational status;
(iv) the violation is part of a course of conduct of
sexual extortion by the person; or
(v) the person was previously convicted of a
violation of this section or of a similar offense in
another jurisdiction.
(c) Sentencing.--The Pennsylvania Commission on Sentencing,
in accordance with 42 Pa.C.S. § 2154 (relating to adoption of
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guidelines for sentencing), shall provide for a sentence
enhancement within its guidelines for an offense under this
section when at the time of the offense the victim is less than
18 years of age, has an intellectual disability or the person
holds a position of trust or supervisory or disciplinary power
over the victim by virtue of the person's legal, professional or
occupational status.
(d) Juvenile diversion.--
(1) Whenever a juvenile is charged with a violation of
this section, the judicial authority having jurisdiction of
the proceeding shall give first consideration to referring
the juvenile to a diversionary program under Pa.R.J.C.P. No.
312 (relating to Informal Adjustment) or No. 370 (relating to
Consent Decree). As part of the diversionary program, the
judicial authority may order the juvenile to participate in
an educational program that covers the legal and nonlegal
consequences of sexual extortion.
(2) If the person successfully completes the
diversionary program, the juvenile's records of the charge of
violating this section shall be expunged under section 9123
(relating to juvenile records).
(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:
"Course of conduct." A pattern of actions composed of more
than one act over a period of time, however short, evidencing a
continuity of conduct. Acts indicating a course of conduct that
occur in more than one jurisdiction may be used by any other
jurisdiction in which an act occurred as evidence of a
continuing pattern of conduct or a course of conduct.
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"Disseminate." To cause or make an electronic or actual
communication from one place or electronic communication device
to two or more other persons, places or electronic communication
devices.
"Distribute." To sell, lend, rent, lease, give, advertise,
publish or exhibit in a physical or electronic medium.
"Intellectual disability." Regardless of the age of the
individual, significantly subaverage general intellectual
functioning that is accompanied by significant limitations in
adaptive functioning in at least two of the following skill
areas: communication; self-care; home living; social and
interpersonal skills; use of community resources' self-
direction; functional academic skills; work; health; and safety.
"Nudity." As defined in section 5903 (relating to obscene
and other sexual materials and performances).
"Sexual conduct." Any of the following:
(1) intentional touching by the victim or person, either
directly or through clothing, of the victim's or person's
intimate parts. Sexual contact of the actor with himself must
be in view of the victim whom the actor knows to be present;
(2) sexual intercourse, including genital-genital, oral-
genital, anal-genital or oral-anal, whether between persons
of the same or opposite sex; or
(3) sexual bestiality.
"Simulated sexually explicit conduct." Conduct engaged in by
performers that is depicted in a manner that would cause a
reasonable viewer to believe that the performers engaged in
actual sexually explicit conduct, even if they did not in fact
do so.
Section 2. This act shall take effect in 60 days.
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