2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 63 - Minors
6318 - Unlawful contact with minor.

     § 6318.  Unlawful contact with minor.
        (a)  Offense defined.--A person commits an offense if he is
     intentionally in contact with a minor, or a law enforcement
     officer acting in the performance of his duties who has assumed
     the identity of a minor, for the purpose of engaging in an
     activity prohibited under any of the following, and either the
     person initiating the contact or the person being contacted is
     within this Commonwealth:
            (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 the minor; or
            (2)  a felony of the third 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."  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.
     (Dec. 19, 1997, P.L.615, No.62, eff. imd.; Nov. 20, 2002,
     P.L.1104, No.134, eff. 60 days; Dec. 9, 2002, P.L.1391, No.172,
     eff. 60 days; Nov. 29, 2006, P.L.1567, No.178, eff. Jan. 1,
     2007)

        2006 Amendment.  See the preamble to Act 178 in the appendix
     to this title for special provisions relating to legislative
     intent.
        Cross References.  Section 6318 is referred to in section
     5708 of this title; section 6702 of Title 23 (Domestic
     Relations); sections 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).