Pennsylvania Act 2002-134 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND SEXUAL ABUSE OF CHILDREN AND UNLAWFUL CONTACT OR COMMUNICATION WITH MINOR

Act text

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND SEXUAL
    ABUSE OF CHILDREN AND UNLAWFUL CONTACT OR COMMUNICATION WITH MINOR
                 Act of Nov. 20, 2002, P.L. 1104, No. 134             Cl. 18
                             Session of 2002
                               No. 2002-134

     SB 834

                                  AN ACT

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, further providing for sexual abuse of children and
        for unlawful contact or communication with minor; and making
        editorial changes.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 5708(1), 6312(c) and (d) and 6318 of
     Title 18 of the Pennsylvania Consolidated Statutes are amended
     to read:
      § 5708.  Order authorizing interception of wire, electronic or
                oral communications.
        The Attorney General, or, during the absence or incapacity of
     the Attorney General, a deputy attorney general designated in
     writing by the Attorney General, or the district attorney or,
     during the absence or incapacity of the district attorney, an
     assistant district attorney designated in writing by the
     district attorney of the county wherein the interception is to
     be made, may make written application to any Superior Court
     judge for an order authorizing the interception of a wire,
     electronic or oral communication by the investigative or law
     enforcement officers or agency having responsibility for an
     investigation involving suspected criminal activities when such
     interception may provide evidence of the commission of any of
     the following offenses, or may provide evidence aiding in the
     apprehension of the perpetrator or perpetrators of any of the
     following offenses:
            (1)  Under this title:
                Section 911 (relating to corrupt organizations)
                Section 2501 (relating to criminal homicide)
                Section 2502 (relating to murder)
                Section 2503 (relating to voluntary manslaughter)
                Section 2702 (relating to aggravated assault)
                Section 2706 (relating to terroristic threats)
                Section 2709(b) (relating to harassment and stalking)
                Section 2716 (relating to weapons of mass
            destruction)
                Section 2901 (relating to kidnapping)
                Section 3121 (relating to rape)
                Section 3123 (relating to involuntary deviate sexual
            intercourse)
                Section 3124.1 (relating to sexual assault)
                Section 3125 (relating to aggravated indecent
            assault)
                Section 3301 (relating to arson and related offenses)
                Section 3302 (relating to causing or risking
            catastrophe)
                Section 3502 (relating to burglary)
                Section 3701 (relating to robbery)
                Section 3921 (relating to theft by unlawful taking or
            disposition)
                Section 3922 (relating to theft by deception)
                Section 3923 (relating to theft by extortion)
                Section 4701 (relating to bribery in official and
            political matters)
                Section 4702 (relating to threats and other improper
            influence in official and political matters)
                Section 5512 (relating to lotteries, etc.)
                Section 5513 (relating to gambling devices, gambling,
            etc.)
                Section 5514 (relating to pool selling and
            bookmaking)
                Section 5516 (relating to facsimile weapons of mass
            destruction)
                Section 6318 (relating to unlawful contact [or
            communication] with minor)
            * * *
      § 6312.  Sexual abuse of children.
        * * *
        (c)  Dissemination of photographs, videotapes, computer
     depictions and films.--
            (1)  Any person who knowingly sells, distributes,
        delivers, disseminates, transfers, displays or exhibits to
        others, or who possesses for the purpose of sale,
        distribution, delivery, dissemination, transfer, display or
        exhibition to others, any book, magazine, pamphlet, slide,
        photograph, film, videotape, computer depiction or other
        material depicting a child under the age of 18 years engaging
        in a prohibited sexual act or in the simulation of such act
        [is guilty of a felony of the third degree] commits an
        offense.
            (2)  A first offense under this subsection is a felony of
        the third degree, and a second or subsequent offense under
        this subsection is a felony of the second degree.
        (d)  Possession of child pornography.--
            (1)  Any person who knowingly possesses or controls any
        book, magazine, pamphlet, slide, photograph, film, videotape,
        computer depiction or other material depicting a child under
        the age of 18 years engaging in a prohibited sexual act or in
        the simulation of such act [is guilty of a felony of the
        third degree] commits an offense.
            (2)  A first offense under this subsection is a felony of
        the third degree, and a second or subsequent offense under
        this subsection is a felony of the second degree.
        * * *
      § 6318.  Unlawful contact [or communication] with minor.
        (a)  Offense defined.--A person [whether within or without
     this Commonwealth] commits an offense if he or she[, knowing
     that he is contacting or communicating with a minor within this
     Commonwealth,] intentionally contacts [or communicates with
     that] a minor [for the purpose of engaging in], and either the
     person initiating the contact or the minor being contacted is
     within this Commonwealth, for the purpose of engaging in an
     activity prohibited under any of the following:
            (1)  Any of the offenses enumerated in Chapter 31
        (relating to sexual offenses).
            (2)  Open lewdness as defined in section 5901 (relating
        to open lewdness).
            (3)  Prostitution as defined in section 5902 (relating to
        prostitution and related offenses).
            (4)  Obscene and other sexual materials and performances
        as defined in section 5903 (relating to obscene and other
        sexual materials and performances).
            (5)  Sexual abuse of children as defined in section 6312
        (relating to sexual abuse of children).
            (6)  Sexual exploitation of children as defined in
        section 6320 (relating to sexual exploitation of children).
        (b)  Grading.--A violation of subsection (a) is:
            (1)  an offense of the same grade and degree as the most
        serious underlying offense in subsection (a) for which the
        defendant contacted or communicated with the minor; or
            (2)  a misdemeanor of the first degree;
        whichever is greater.
        (b.1)  Concurrent jurisdiction to prosecute.--The Attorney
     General shall have concurrent prosecutorial jurisdiction with
     the district attorney for violations under this section and any
     crime arising out of the activity prohibited by this section
     when the person charged with a violation of this section
     contacts a minor through the use of a computer, computer system
     or computer network. No person charged with a violation of this
     section by the Attorney General shall have standing to challenge
     the authority of the Attorney General to prosecute the case,
     and, if any such challenge is made, the challenge shall be
     dismissed and no relief shall be available in the courts of this
     Commonwealth to the person making the challenge.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Computer."  An electronic, magnetic, optical, hydraulic,
     organic or other high-speed data processing device or system
     which performs logic, arithmetic or memory functions and
     includes all input, output, processing, storage, software or
     communication facilities which are connected or related to the
     device in a computer system or computer network.
        "Computer network."  The interconnection of two or more
     computers through the usage of satellite, microwave, line or
     other communication medium.
        "Computer system."  A set of related, connected or
     unconnected computer equipment, devices and software.
        "Contacts [or communicates with]."  Direct or indirect
     contact or communication by any means, method or device,
     including contact or communication in person or through an agent
     or agency, through any print medium, the mails, a common carrier
     or communication common carrier, any electronic communication
     system and any telecommunications, wire, computer or radio
     communications device or system.
        "Minor."  An individual under 18 years of age.
        Section 2.  The definition of "felony sex offense" in section
     4703 of Title 42 is amended to read:
      § 4703.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Felony sex offense."  A felony offense or an attempt,
     conspiracy or solicitation to commit a felony offense under any
     of the following:
            18 Pa.C.S. Ch. 31 (relating to sexual offenses).
            18 Pa.C.S. § 4302 (relating to incest).
            18 Pa.C.S. § 5902(c)(1)(i)(iii) and (iv) (relating to
        prostitution and related offenses).
            18 Pa.C.S. § 5903(a) (relating to obscene and other
        sexual materials and performances) where the offense
        constitutes a felony.
            18 Pa.C.S. § 6312 (relating to sexual abuse of children).
            18 Pa.C.S. § 6318 (relating to unlawful contact [or
        communication] with minor) where the most serious underlying
        offense for which the defendant contacted [or communicated
        with] the minor is graded as a felony.
            18 Pa.C.S. § 6320 (relating to sexual exploitation of
        children).
        * * *
        Section 3.  Sections 9718.1(a) and 9795.1(a) of Title 42 are
     amended to read:
      § 9718.1.  Sexual offender treatment.
        (a)  General rule.--A person, including an offender
     designated as a "sexually violent predator" as defined in
     section 9792 (relating to definitions), shall attend and
     participate in a Department of Corrections program of counseling
     or therapy designed for incarcerated sex offenders if the person
     is incarcerated in a State institution for any of the following
     provisions under 18 Pa.C.S. (relating to crimes and offenses):
            (1)  Any of the offenses enumerated in Chapter 31
        (relating to sexual offenses) if the offense involved a minor
        under 18 years of age.
            (2)  Section 4304 (relating to endangering welfare of
        children) if the offense involved sexual contact with the
        victim.
            (3)  Section 6301 (relating to corruption of minors) if
        the offense involved sexual contact with the victim.
            (4)  Open lewdness, as defined in section 5901 (relating
        to open lewdness), if the offense involved a minor under 18
        years of age.
            (5)  Prostitution, as defined in section 5902 (relating
        to prostitution and related offenses), if the offense
        involved a minor under 18 years of age.
            (6)  Obscene and other sexual materials and performances,
        as defined in section 5903 (relating to obscene and other
        sexual materials and performances), if the offense involved a
        minor under 18 years of age.
            (7)  Sexual abuse of children, as defined in section 6312
        (relating to sexual abuse of children).
            (8)  Section 6318 (relating to unlawful contact [or
        communication] with minor).
            (9)  Section 6320 (relating to sexual exploitation of
        children).
            (10)  Section 4302 (relating to incest) if the offense
        involved a minor under 18 years of age.
            (11)  An attempt or solicitation to commit any of the
        offenses listed in this subsection.
        * * *
      § 9795.1. Registration.
        (a)  Ten-year registration.--The following individuals shall
     be required to register with the Pennsylvania State Police for a
     period of ten years:
            (1)  Individuals convicted of any of the following
        offenses:
                18 Pa.C.S. § 2901 (relating to kidnapping) where the
            victim is a minor.
                18 Pa.C.S. § 3126 (relating to indecent assault)
            where the offense is a misdemeanor of the first degree.
                18 Pa.C.S. § 4302 (relating to incest) where the
            victim is 12 years of age or older but under 18 years of
            age.
                18 Pa.C.S. § 5902(b) (relating to prostitution and
            related offenses) where the actor promotes the
            prostitution of a minor.
                18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
            obscene and other sexual materials and performances)
            where the victim is a minor.
                18 Pa.C.S. § 6312 (relating to sexual abuse of
            children).
                18 Pa.C.S. § 6318 (relating to unlawful contact [or
            communication] with minor).
                18 Pa.C.S. § 6320 (relating to sexual exploitation of
            children).
            (2)  Individuals convicted of an attempt to commit any of
        the offenses under paragraph (1) or subsection (b)(2).
        * * *
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 20th day of November, A. D. 2002.

     MARK S. SCHWEIKER