2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 53 - CRIMES CODE (18 PA.C.S.), DOMESTIC RELATIONS (23 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - SEXUAL ABUSE OF CHILDREN, TASK FORCE ON CHILD PORNOGRAPHY AND SENTENCING FOR OFFENSES INVOLVING SEXUAL ABUSE OF CHILDREN
Session of 2021
No. 2021-53
SB 87
AN ACT
Amending Titles 18 (Crimes and Offenses), 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in minors, further providing for the offense of sexual abuse of children; in child protective services, providing for task force on child pornography; and, in sentencing, further providing for sentencing for offenses involving sexual abuse of children.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 6312(d.1) of Title 18 of the Pennsylvania Consolidated Statutes is amended to read:
§ 6312. Sexual abuse of children.
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(d.1) Grading.--The offenses shall be graded as follows:
(1) Except as provided in paragraph (3), an offense under subsection (b) is a felony of the second degree.
(2) (i) Except as provided in paragraph (3), a first offense under subsection (c) or (d) is a felony of the third degree.
(ii) A second or subsequent offense under subsection (c) or (d) is a felony of the second degree.
(3) When a person commits an offense graded under paragraph (1) or (2)(i) [and indecent contact with the child as defined in section 3101 (relating to definitions) is depicted], the grading of the offense shall be one grade higher than the grade specified in paragraph (1) or (2)(i)[.] if:
(i) indecent contact with the child as defined in section 3101 (relating to definitions) is depicted; or
(ii) the child depicted is under 10 years of age or prepubescent.
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Section 2. Title 23 is amended by adding a section to read:
§ 6388. Task Force on Child Pornography.
(a) Establishment.--The Task Force on Child Pornography is established.
(b) Purpose.--The purpose of the task force is to conduct a review to ascertain any inadequacies relating to the offense of child pornography in 18 Pa.C.S. § 6312 (relating to sexual abuse of children).
(c) Composition.--The task force shall consist of the following members, who shall be appointed within 25 days after the effective date of this section:
(1) The secretary or a designee.
(2) The Attorney General or a designee.
(3) The Commissioner of Pennsylvania State Police or a designee.
(4) The Chairman of the Pennsylvania Commission on Crime and Delinquency or a designee.
(5) The Executive Director of the Pennsylvania Commission on Sentencing or a designee.
(6) Two members of the Senate, one appointed by the President pro tempore of the Senate and one appointed by the Minority Leader of the Senate.
(7) Two members of the House of Representatives, one appointed by the Speaker of the House of Representatives and one appointed by the Minority Leader of the House of Representatives.
(8) The Victim Advocate from the Office of Victim Advocate or a designee from that office.
(9) The President of the Pennsylvania District Attorneys Association or a designee.
(10) The Director of the Pennsylvania Coalition Against Rape or a designee.
(11) One member of the Pennsylvania Sexual Offenders Assessment Board. If possible, the member shall be a member of the Association for the Treatment of Sexual Abusers.
(12) One member of the Pennsylvania Internet Crimes Against Children (ICAC) Task Force.
(13) The director of a rape crisis center located in this Commonwealth or a designee, appointed by the Governor.
(14) One representative of a children's advocacy center that assists in the investigation, prosecution and treatment of child sexual and physical abuse cases, appointed by the Governor.
(15) Two medical professionals that specialize in the field of child sexual abuse, one of whom shall be appointed by the President pro tempore of the Senate and one of whom shall be appointed by the Speaker of the House of Representatives.
(16) One member of the public, appointed by the President pro tempore of the Senate.
(17) One member of the public, appointed by the Speaker of the House of Representatives.
(d) Chairperson.--The Governor shall select the chairperson of the task force.
(e) Member requirements.--
(1) The appointed members of the task force under subsection (c)(16) and (17) must be individuals who have experience in investigations or prosecutions of child pornography or sexual abuse of children, have experience in the treatment of victims of child pornography or sexual abuse of children, have experience in the prevention of child pornography or sexual abuse of children or are victims of child pornography or sexual abuse of children.
(2) The appointment of members must reflect the geographic diversity of this Commonwealth.
(f) Meetings and expenses.--The task force shall conduct its business as follows:
(1) The task force shall meet at least four times but may hold additional meetings as determined by the chairperson of the task force.
(2) The chairperson of the task force shall schedule a meeting upon written request of eight members of the task force.
(3) The first meeting of the task force shall be convened within 45 days of the effective date of this section.
(4) The task force shall hold public hearings as necessary to obtain the information required to conduct its review.
(5) Action of the task force shall be authorized or ratified by majority vote of the members of the task force.
(6) The Pennsylvania Commission on Crime and Delinquency and the Joint State Government Commission shall cooperate to provide administrative or other assistance to the task force.
(7) The members of the task force shall not receive compensation but shall be reimbursed for reasonable and necessary expenses incurred in the service of the task force.
(g) Powers.--The task force shall have the following powers:
(1) To recommend any improvements relating to the investigation and prosecution of child pornography as defined in 18 Pa.C.S. § 6312.
(2) To recommend any necessary changes in State statutes and practices, policies and procedures relating to the recognition or prosecution of child pornography as defined in 18 Pa.C.S. § 6312.
(h) Report.--
(1) Within one year of the first meeting of the task force, the task force shall submit a report with its recommendations to the following:
(i) The Governor.
(ii) The President pro tempore of the Senate.
(iii) The Speaker of the House of Representatives.
(iv) The chairperson and minority chairperson of the Judiciary Committee of the Senate.
(v) The chairperson and minority chairperson of the Judiciary Committee of the House of Representatives.
(2) The report under this subsection must be adopted at a public meeting of the task force.
(3) The report under this subsection shall be a public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(i) Expiration.--The task force shall expire upon the submission of the report under subsection (h).
(j) Definition.--As used in this section, the term "task force" means the Task Force on Child Pornography established in this section.
Section 3. Section 9720.5 of Title 42 is amended to read:
§ 9720.5. Sentencing for offenses involving sexual abuse of children.
(a) General rule.--The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 6312 (relating to sexual abuse of children), specifying variations from the range of sentences applicable based on such aggravating circumstances as the age of the child or a determination of prepubescence, the number of images possessed by the defendant, if the child depicted is known to the defendant and the nature and character of the abuse depicted in the images.
(b) Other circumstances.--When a person commits an offense to which the grading provisions under 18 Pa.C.S. § 6312(d.1)(3) apply, the Pennsylvania Commission on Sentencing shall, in accordance with section 2154, provide for a sentence enhancement within its guidelines if indecent contact with the child as defined in 18 Pa.C.S. § 3101 (relating to definitions) is depicted and the child depicted is under 10 years of age or prepubescent.
Section 4. This act shall take effect in 60 days.
APPROVED--The 30th day of June, A.D. 2021.
TOM WOLF
