2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 63 - Minors
6312 - Sexual abuse of children.

     § 6312.  Sexual abuse of children.
        (a)  Definition.--(Deleted by amendment).
        (b)  Photographing, videotaping, depicting on computer or
     filming sexual acts.--Any person who causes or knowingly permits
     a child under the age of 18 years to engage in a prohibited
     sexual act or in the simulation of such act is guilty of a
     felony of the second degree if such person knows, has reason to
     know or intends that such act may be photographed, videotaped,
     depicted on computer or filmed. Any person who knowingly
     photographs, videotapes, depicts on computer or films a child
     under the age of 18 years engaging in a prohibited sexual act or
     in the simulation of such an act is guilty of a felony of the
     second degree.
        (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
        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)  Child pornography.--
            (1)  Any person who intentionally views or 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
        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.
        (e)  Evidence of age.--In the event a person involved in a
     prohibited sexual act is alleged to be a child under the age of
     18 years, competent expert testimony shall be sufficient to
     establish the age of said person.
        (e.1)  Mistake as to age.--Under subsection (b) only, it is
     no defense that the defendant did not know the age of the child.
     Neither a misrepresentation of age by the child nor a bona fide
     belief that the person is over the specified age shall be a
     defense.
        (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.
        (g)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Intentionally views."  The deliberate, purposeful, voluntary
     viewing of material depicting a child under 18 years of age
     engaging in a prohibited sexual act or in the simulation of such
     act. The term shall not include the accidental or inadvertent
     viewing of such material.
        "Prohibited sexual act."  Sexual intercourse as defined in
     section 3101 (relating to definitions), masturbation, sadism,
     masochism, bestiality, fellatio, cunnilingus, lewd exhibition of
     the genitals or nudity if such nudity is depicted for the
     purpose of sexual stimulation or gratification of any person who
     might view such depiction.
     (Oct. 26, 1977, P.L.212, No.62, eff. 60 days; Dec. 19, 1988,
     P.L.1275, No.158, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess.,
     P.L.985, No.10, eff. 60 days; Nov. 20, 2002, P.L.1104, No.134,
     eff. 60 days) July 14, 2009, P.L.63, No.15, eff. 60 days)

        2009 Amendment. Act 15 amended subsecs. (d) heading and (1)
     and (f), added subsec. (g) and deleted subsec. (a).
        2002 Amendment.  Act 134 amended subsecs. (c) and (d).
        Cross References.  Section 6312 is referred to in sections
     6318, 7621, 7626, 7627 of this title; section 3304 of Title 5
     (Athletics and Sports); section 2106 of Title 20 (Decedents,
     Estates and Fiduciaries); sections 5303, 6344, 6702 of Title 23
     (Domestic Relations); sections 5552, 6302, 9718.1, 9795.1 of
     Title 42 (Judiciary and Judicial Procedure); section 2303 of
     Title 44 (Law and Justice); sections 4103, 4503 of Title 61
     (Prisons and Parole).

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