Bill Text: PA HB2189 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for the offense of sexual abuse of children; and defining the offense of sexting by minors.

Spectrum: Slight Partisan Bill (Republican 15-8)

Status: (Engrossed - Dead) 2010-06-30 - Referred to JUDICIARY [HB2189 Detail]

Download: Pennsylvania-2009-HB2189-Amended.html

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PRIOR PRINTER'S NO. 3051 PRINTER'S NO. 3372
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2189 Session of2010
INTRODUCED BY GROVE, QUINN, BAKER, BEAR, BOYD, CARROLL, CLYMER, D. COSTA, CUTLER, GEIST, GINGRICH, GOODMAN, KAUFFMAN, MAHONEY, MOUL, MURT, READSHAW, SIPTROTH, TRUE, WATERS, YOUNGBLOOD, MAJOR AND SAYLOR, JANUARY 5, 2010
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 16, 2010
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for the offense of <--
sexual abuse of children; and defining the offense of
dissemination of prohibited materials by minors via
electronic communications.
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:
Section 1. Section 6312(f) of Title 18 of the Pennsylvania <--
Consolidated Statutes is amended to read:
§ 6312. Sexual abuse of children.
* * *
(f) Exceptions.--This section does not apply to any material
that is viewed, possessed, controlled, brought or caused to be
brought into this Commonwealth, or presented for a bona fide
educational, scientific, governmental or judicial purpose. In
addition, this section shall not apply to the dissemination of
prohibited materials by minors via electronic communications as
set forth in section 6321 (relating to dissemination of
prohibited materials by minors via electronic communications).
* * *
Section 2. Title 18 is amended by adding a section to read:
§ 6321. Dissemination of prohibited materials by minors via
electronic communications.
(a) Offense defined.--Any minor who knowingly transmits in
an electronic communication, as defined in section 5702 <--
(relating to definitions), or disseminates a depiction of <--
himself or herself or of another minor who is 13 years of age or <--
older in a state of nudity as defined in subsection 5903(e)
(relating to obscene and other sexual materials and
performances) or possesses a depiction of another minor engaging <--
in sexually explicit conduct commits a misdemeanor of the second
degree.
(b) Applicability.--This section shall not apply to
electronic communications that depict either sexual intercourse
or deviate sexual intercourse, as defined in section 3101 <--
(relating to definitions), or the penetration, however slight,
of the genitals or anus of a minor with any part of a person's
body, masturbation, sadism or masochism. The transmission of an <--
electronic communication depicting any of these acts shall be
subject to prosecution under section 6312 (relating to sexual
abuse of children).
(c) Adjudication alternatives.-—As appropriate to the
circumstances, if a minor is accused of violating this section,
consideration shall be given to:
(1) diversionary alternatives available prior to a law
enforcement officer's submission of a written allegation of
20100HB2189PN3372 - 2 -
delinquency to the juvenile probation office; or
(2) adjudicatory alternatives available subsequent to
the submission of a written allegation of delinquency,
including the opportunity for disposition through informal
adjustment as set forth in 42 Pa.C.S. § 6323 (relating to
informal adjustment) or entry of a consent decree pursuant to
42 Pa.C.S. § 6340 (relating to consent decree).
(d) Expungement.--For juveniles who fulfill the conditions
of a diversionary alternative pursuant to subsection (c)(1) or
an informal adjustment pursuant to 42 Pa.C.S. § 6323, the
record, including any fingerprints or photographs taken under 42
Pa.C.S. § 6308(c) (relating to law enforcement records), shall
be expunged pursuant to section 9123(a)(1) (relating to juvenile
records). For juveniles who have successfully fulfilled the
conditions of a consent decree pursuant to 42 Pa.C.S. § 6340 the
record, including any fingerprints or photographs taken pursuant
to 42 Pa.C.S. § 6308(c), shall be expunged pursuant to section
9123(a)(2).
(e) No secure detention or placement authorized.--A minor
alleged to be delinquent solely on the basis of the offense
cannot be detained in a secure facility under 42 Pa.C.S. § 6327
(relating to place of detention). A minor adjudicated delinquent
where this offense is the only offense substantiated under 42
Pa.C.S. § 6341 (relating to adjudication) shall not be subject
to commitment to a secure facility pursuant to a disposition
ordered by the court under 42 Pa.C.S. § 6352 (relating to
disposition of delinquent child).
(f) 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:
20100HB2189PN3372 - 3 -
"Electronic communication." As defined in section 5702
(relating to definitions).
"Minor." Any person 13 years of age or older and under 18
years of age.
"Nudity." As defined in section 5903(e) (relating to obscene
and other sexual materials and performances).
"Sexually explicit conduct." A lewd or lascivious exhibition
of the minor's genitals, pubic area, breasts or buttocks or
nudity if such nudity is depicted for the purpose of sexual
stimulation or gratification of any person who might view such
depiction.
"Sexual intercourse." As defined in section 3101 (relating
to definitions).
Section 2 3. This act shall take effect in 60 days. <--
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