PRINTER'S NO. 2401
No. 1843 Session of 2001
INTRODUCED BY EGOLF, ADOLPH, ARGALL, BASTIAN, BEBKO-JONES,
BELARDI, BENNINGHOFF, BROWNE, BUNT, CALTAGIRONE, CAPPELLI,
CLARK, COLAFELLA, CORRIGAN, CREIGHTON, DALEY, DeLUCA,
FORCIER, GABIG, GEIST, GEORGE, GRUCELA, HARHAI, HENNESSEY,
HERSHEY, HESS, HUTCHINSON, JAMES, KAISER, KELLER, LEDERER,
MAHER, MARSICO, METCALFE, R. MILLER, PALLONE, PHILLIPS,
PISTELLA, ROSS, SATHER, SAYLOR, SCHRODER, SHANER, SOLOBAY,
STERN, THOMAS, TIGUE, TRELLO, TRICH, WALKO, WANSACZ,
WASHINGTON, WATSON, YOUNGBLOOD AND ZIMMERMAN, JUNE 27, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 27, 2001
AN ACT
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 providing for the unlawful use
4 of computers for solicitation or procurement of minors.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6312(c) and (d) of Title 18 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 6312. Sexual abuse of children.
10 * * *
11 (c) Dissemination of photographs, videotapes, computer
12 depictions and films.--Any person who knowingly sells,
13 distributes, delivers, disseminates, transfers, displays or
14 exhibits to others, or who possesses for the purpose of sale,
15 distribution, delivery, dissemination, transfer, display or
1 exhibition to others, any book, magazine, pamphlet, slide,
2 photograph, film, videotape, computer depiction or other
3 material depicting a child under the age of 18 years engaging in
4 a prohibited sexual act or in the simulation of such act is
5 guilty of a felony of the [third] second degree.
6 (d) Possession of child pornography.--Any person who
7 knowingly possesses or controls any book, magazine, pamphlet,
8 slide, photograph, film, videotape, computer depiction or other
9 material depicting a child under the age of 18 years engaging in
10 a prohibited sexual act or in the simulation of such act is
11 guilty of a felony of the [third] second degree.
12 * * *
13 Section 2. Title 18 is amended by adding a section to read:
14 § 6312.1. Unlawful use of a computer for solicitation or
15 procurement of a minor.
16 (a) Offense defined.--A person commits an offense if through
17 the use of a computer, and with the intent of promoting or
18 facilitating the commission of any of the offenses enumerated
19 under subsection (b), he:
20 (1) commands, encourages or requests a minor to engage
21 in specific conduct which would constitute an offense or an
22 attempt to commit an offense enumerated under subsection (b);
23 or
24 (2) commands, encourages or requests a person to procure
25 a minor to engage in specific conduct which would constitute
26 an offense or an attempt to commit an offense enumerated
27 under subsection (b).
28 (b) Enumerated offenses.--The following offenses shall apply
29 to subsection (a):
30 Section 3121 (relating to rape).
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1 Section 3122.1 (relating to statutory sexual assault).
2 Section 3123 (relating to involuntary deviate sexual
3 intercourse).
4 Section 3124.1 (relating to sexual assault).
5 Section 3125 (relating to aggravated indecent assault).
6 Section 3126 (relating to indecent assault).
7 Section 6312 (relating to sexual abuse of children).
8 Section 6320 (relating to sexual exploitation of
9 children).
10 (c) Grading.--A violation of subsection (a) is an offense of
11 the same grade and degree as the most serious underlying offense
12 under subsection (b) or a felony of the second degree, whichever
13 is greater.
14 (d) Concurrent jurisdiction to prosecute.--The Attorney
15 General shall have concurrent prosecutorial jurisdiction with
16 the district attorney for violations under this section and any
17 crime arising out of the activity prohibited by this section. No
18 person charged with a violation of this section by the Attorney
19 General shall have standing to challenge the authority of the
20 Attorney General to prosecute the case, and if any such
21 challenge is made, the challenge shall be dismissed and no
22 relief shall be available in the courts of the Commonwealth to
23 the person making the challenge.
24 (e) Definitions.--As used in this section, the following
25 words and phrases shall have the meanings given to them in this
26 subsection:
27 "Computer." An electronic, magnetic, optical, hydraulic,
28 organic or other high-speed data processing device or system
29 which performs logic, arithmetic or memory functions and
30 includes all input, output, processing, storage, software or
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1 communication facilities which are connected or related to the
2 device in a system or network.
3 "Computer network." The interconnection of two or more
4 computers through the usage of satellite, microwave, line or
5 other communication medium.
6 "Computer system." A set of related, connected or
7 unconnected computer equipment, devices and software.
8 Section 3. This act shall take effect in 60 days.
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