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PRINTER'S NO. 1722
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1402
Session of
2019
INTRODUCED BY NESBIT, McCLINTON, KAUFFMAN, HOWARD, SCHLOSSBERG,
DONATUCCI, CALTAGIRONE, READSHAW, BERNSTINE, BOBACK,
WILLIAMS, ISAACSON, KINSEY, FRANKEL, HILL-EVANS, IRVIN,
TOPPER, MILLARD, WARREN, MARSHALL, DeLUCA, TOOHIL, MULLINS,
MURT, STEPHENS, DELOZIER, GILLEN AND DAWKINS, MAY 6, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MAY 6, 2019
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 offense of sexual
extortion if the person knowingly or intentionally coerces or
causes a complainant, through any means set forth in subsection
(b), to:
(1) engage in sexual conduct, the simulation of sexual
conduct or a state of nudity; or
(2) make, produce, disseminate, transmit or distribute
any image, video, recording or other material depicting the
complainant in a state of nudity or engaging in sexual
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conduct or in the simulation of sexual conduct.
(b) Means of subjecting complainant to sexual extortion.--A
person subjects a complainant to sexual extortion through any of
the following means:
(1) Harming or threatening to harm the complainant or
the property of the complainant, the reputation of the
complainant or any other thing of value of the complainant.
(2) Making, producing, disseminating, transmitting or
distributing or threatening to make, produce, disseminate,
transmit or distribute any image, video, recording or other
material depicting the complainant in a state of nudity or
engaged in sexual conduct or in the simulation of sexual
conduct.
(3) Exposing or threatening to expose any fact or piece
of information that, if revealed, would tend to subject the
complainant to criminal proceedings, a civil action, hatred,
contempt, embarrassment or ridicule.
(4) Holding out, withholding or threatening to withhold
a service, employment, position or other thing of value.
(5) Threatening to cause or causing a loss, disadvantage
or injury, including a loss, disadvantage or injury to a
family or household member, as defined in section 2709.1
(relating to stalking).
(c) Demanding property.--A person commits the offense of
sexual extortion if the person knowingly or intentionally
solicits or demands the payment of money, property or services
or any other thing of value in exchange for removing from public
view or preventing the disclosure of any image, video, recording
or other material depicting the complainant in a state of nudity
or engaging in sexual conduct or the simulation of sexual
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conduct.
(d) Grading.--
(1) Except as otherwise provided in paragraph (2), 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 if:
(i) the complainant is under 18 years of age;
(ii) the complainant has an intellectual disability;
(iii) the actor holds a position of trust or
supervisory or disciplinary power over the complainant by
virtue of the actor's legal, professional or occupational
status;
(iv) the violation is part of a course of conduct of
sexual extortion by the actor; or
(v) the actor was previously convicted of a
violation of this section or of a similar offense in
another jurisdiction.
(e) Sentencing.--The Pennsylvania Commission on Sentencing,
in accordance with 42 Pa.C.S. § 2154 (relating to adoption of
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 complainant is under
18 years of age or has an intellectual disability or the actor
holds a position of trust or supervisory or disciplinary power
over the complainant by virtue of the actor's legal,
professional or occupational status.
(f) Venue.--
(1) An offense committed under this section may be
deemed to have been committed at either the place at which
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the communication was made or at the place where the
communication was received.
(2) Acts indicating a course of conduct which 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.
(g) Territorial applicability.--A person may be convicted
under the provisions of this section if the complainant or the
offender is located within this Commonwealth.
(h) Concurrent jurisdiction to prosecute.--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 involving
more than one county of this Commonwealth or 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 a
challenge is made, the challenge shall be dismissed, and no
relief shall be made available in the courts of this
Commonwealth to the person making the challenge.
(i) 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.
"Disseminate." To cause or make an electronic or actual
communication from one place or electronic communication device
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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(e) (relating to obscene
and other sexual materials and performances).
"Sexual conduct." Any of the following:
(1) Intentional touching by the complainant or actor,
either directly or through clothing, of the complainant's or
actor's intimate parts. Sexual contact of the actor with
himself must be in view of the complainant whom the actor
knows to be present.
(2) Sexual intercourse as defined in section 3101
(relating to definitions), masturbation, sadism, masochism,
bestiality, fellatio, cunnilingus or lewd exhibition of the
genitals.
"Simulation." Conduct engaged in that is depicted in a
manner that would cause a reasonable viewer to believe was
sexual conduct, even if sexual conduct did not occur.
"Transmit." To cause or make an electronic or actual
communication from one place or electronic communication device
to another person, place or electronic communication device.
Section 2. This act shall take effect in 60 days.
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