Regular Session 2019-2020 Senate Bill 0337 P.N. 0319

PRINTER'S NO. 319

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

337

Session of

2019

INTRODUCED BY SCHWANK, K. WARD, LANGERHOLC, PHILLIPS-HILL, MUTH,

SANTARSIERO, FONTANA, BREWSTER, FARNESE, COSTA, MARTIN,

HAYWOOD, HUGHES, MENSCH, ALLOWAY, WHITE, BROWNE, YUDICHAK,

KILLION, BLAKE, TARTAGLIONE, SABATINA AND J. WARD,

FEBRUARY 26, 2019

REFERRED TO JUDICIARY, FEBRUARY 26, 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 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;

(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;

(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.

in accordance with 42 Pa.C.S. § 2154 (relating to adoption of

20190SB0337PN0319 - 2 -

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.

20190SB0337PN0319 - 3 -

"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 sexual 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.

20190SB0337PN0319 - 4 -