PRINTER'S NO. 3331
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2418
Session of
2024
INTRODUCED BY SCIALABBA, PICKETT, STAATS, JOZWIAK, BANTA,
CONKLIN, MARCELL, LEADBETER, GILLEN, KEEFER AND T. JONES,
JUNE 13, 2024
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 13, 2024
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, further providing for the
offense of sexual abuse of children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6312(d) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 6312. Sexual abuse of children.
* * *
(d) Child pornography.--[Any person who]
(1) A person commits an offense if that person
intentionally views or knowingly possesses or controls any
book, magazine, pamphlet, slide, photograph, film, videotape,
computer depiction, artificially generated depiction or other
material depicting:
(i) a child under the age of 18 years engaging in a
prohibited sexual act or in the simulation of such act
[commits an offense.]; or
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(ii) all of the following:
(A) the lewd exhibition of the genitals or pubic
area of an unclothed, partially clothed or clothed
child under 18 years of age in a patently offensive
or sexually suggestive manner;
(B) material which the average person applying
contemporary community standards would find that the
subject matter taken as a whole appeals to the
prurient interest in sex; and
(C) material which the subject matter, taken as
a whole, lacks serious literary, artistic, political,
educational or scientific value.
(2) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"Artificially generated depiction." A visual depiction:
(i) that appears to authentically depict a child
under 18 years of age engaged in conduct or an action or
state of nudity that did not occur in reality; and
(ii) the production of which was substantially
dependent upon technical means, including artificial
intelligence or photo editing software, rather than the
ability of another person to physically impersonate the
child.
"Photo editing software." A software used primarily for
editing photographs, films or computer depictions that
contains a variety of filters, effects and tools that can be
used to manipulate photographs, films or computer depictions.
* * *
Section 2. This act shall take effect in 60 days.
20240HB2418PN3331 - 2 -
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