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| PRIOR PRINTER'S NO. 840 | PRINTER'S NO. 1711 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GROVE, AUMENT, BAKER, BOBACK, CARROLL, CLYMER, D. COSTA, CUTLER, DALEY, GEIST, KAUFFMAN, MILLER, MOUL, O'NEILL, REICHLEY, ROCK, SAYLOR AND MURT, FEBRUARY 24, 2011 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 3, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for the offense of |
3 | sexual abuse of children; and defining the offense of sexting |
4 | by minors. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 6312(f) of Title 18 of the Pennsylvania |
8 | Consolidated Statutes is amended to read: |
9 | § 6312. Sexual abuse of children. |
10 | * * * |
11 | (f) Exceptions.--This section does not apply to any of the |
12 | following: |
13 | (1) Any material that is viewed, possessed, controlled, |
14 | brought or caused to be brought into this Commonwealth, or |
15 | presented, for a bona fide educational, scientific, |
16 | governmental or judicial purpose. |
17 | (2) Conduct prohibited under section 6321 (relating to |
18 | sexting by minors). |
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1 | (3) An individual under 18 years of age who knowingly |
2 | photographs, videotapes, depicts on a computer or films or |
3 | possesses or intentionally views a visual depiction as |
4 | defined in section 6321 of himself or herself alone in a | <-- |
5 | state of simple nudity as defined in section 6321. |
6 | * * * |
7 | Section 2. Title 18 is amended by adding a section to read: |
8 | § 6321. Sexting by minors. |
9 | (a) Offense defined.--A minor who knowingly transmits an |
10 | electronic communication or disseminates a depiction of himself |
11 | or herself or another minor, or possesses a depiction of another | <-- |
12 | minor, engaging in sexually explicit conduct commits a |
13 | misdemeanor of the second degree. |
14 | (b) Applicability.--This section shall not apply to the |
15 | following: |
16 | (1) Electronic communications that depict either sexual |
17 | intercourse or deviate sexual intercourse or the penetration, |
18 | however slight, of the genitals or anus of a minor with any |
19 | part of a person's body, masturbation, sadism or masochism. |
20 | The transmission of an electronic communication depicting any |
21 | of these acts shall be subject to prosecution under other |
22 | provisions of this title, including section 6312 (relating to |
23 | sexual abuse of children). |
24 | (2) A visual depiction of a minor which depicts the |
25 | minor engaging in sexually explicit conduct if the |
26 | photograph, videotape, film or depiction was taken, made, |
27 | produced, used or intended to be used for or in furtherance |
28 | of a commercial purpose. The photographing, videotaping, |
29 | filming or depicting on a computer of a visual depiction |
30 | which depicts the minor engaging in sexually explicit conduct |
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1 | for or in furtherance of a commercial purpose shall be |
2 | subject to prosecution under other provisions of this title, |
3 | including section 6312. |
4 | (c) Adjudication alternatives.--As appropriate to the |
5 | circumstances, if a minor is accused of violating this section, |
6 | consideration shall be given to: |
7 | (1) Diversionary alternatives available prior to a law |
8 | enforcement officer's submission of a written allegation of |
9 | delinquency to the juvenile probation office. |
10 | (2) Adjudicatory alternatives available subsequent to |
11 | the submission of a written allegation of delinquency, |
12 | including the opportunity for disposition through informal |
13 | adjustment as set forth in 42 Pa.C.S. § 6323 (relating to |
14 | informal adjustment) or entry into a consent decree pursuant |
15 | to 42 Pa.C.S. § 6340 (relating to consent decree). |
16 | (d) Expungement.--For juveniles who fulfill the conditions |
17 | of a diversionary alternative pursuant to subsection (c)(1) or |
18 | informal adjustment pursuant to 42 Pa.C.S. § 6323, the record, |
19 | including any fingerprints or photographs taken under 42 Pa.C.S. |
20 | § 6308(c) (relating to law enforcement records), shall be |
21 | expunged pursuant to section 9123(a)(1) (relating to juvenile |
22 | records). For juveniles who have successfully fulfilled the |
23 | conditions of a consent decree pursuant to 42 Pa.C.S. § 6340, |
24 | the record, including any fingerprints or photographs taken |
25 | pursuant to 42 Pa.C.S. § 6308(c), shall be expunged pursuant to |
26 | section 9123(a)(2). |
27 | (e) No secure detention or placement authorized.--A minor |
28 | alleged to be delinquent solely on the basis of an offense |
29 | committed under subsection (a) may not be detained in a secure |
30 | placement facility under 42 Pa.C.S. § 6327 (relating to place of |
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1 | detention). A minor adjudicated delinquent where the offense |
2 | under subsection (a) is the only offense substantiated under 42 |
3 | Pa.C.S. § 6341 (relating to adjudication) shall not be subject |
4 | to commitment to a secure facility pursuant to a disposition |
5 | ordered by the court under 42 Pa.C.S. § 6352 (relating to |
6 | disposition of delinquent child). |
7 | (f) Seizure and forfeiture of electronic device.--An |
8 | electronic device used in violation of this section may be |
9 | seized and forfeited to the Commonwealth. |
10 | (g) Definitions.--As used in this section, the following |
11 | words and phrases shall have the meanings given to them in this |
12 | subsection unless the context clearly indicates otherwise: |
13 | "Electronic communication." As defined in section 5702 |
14 | (relating to definitions). |
15 | "Minor." A person 13 years of age or older and under 18 |
16 | years of age. |
17 | "Nudity." As defined in section 5903(e) (relating to obscene |
18 | and other sexual materials and performances). |
19 | "Sexual intercourse." As defined in section 3101 (relating |
20 | to definitions). |
21 | "Sexually explicit conduct." A lewd or lascivious exhibition |
22 | of the minor's genitals, pubic area, breasts or buttocks or |
23 | nudity if such nudity is depicted for the purpose of sexual |
24 | stimulation or gratification of any person who might view such |
25 | depiction. The term does not include simple nudity. |
26 | Section 3. This act shall take effect in 60 days. |
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