Bill Text: PA HB321 | 2013-2014 | Regular Session | Amended

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

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Bill Title: In sexual offenses, further providing for definitions; in minors, further providing for the offense of sexual abuse of children; and, in sentencing, providing for sentencing for offenses involving sexual abuse of children.

Spectrum: Slight Partisan Bill (Republican 27-9)

Status: (Passed) 2013-12-18 - Act No. 105 [HB321 Detail]

Download: Pennsylvania-2013-HB321-Amended.html

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PRIOR PRINTER'S NO. 328

PRINTER'S NO. 746

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

321

Session of 2013

 

 

 

INTRODUCED BY TOEPEL, GRELL, O'NEILL, PICKETT, O'BRIEN, STEPHENS, MAJOR, SCHLOSSBERG, KORTZ, YOUNGBLOOD, D. COSTA, RAPP, KAUFFMAN, M. K. KELLER, MILLARD, C. HARRIS, MOUL, SWANGER, PETRI, TALLMAN, HAHN, GINGRICH, V. BROWN, CLYMER, LAWRENCE, WATSON, GROVE, ROCK, MARSICO, DeLUCA, GILLEN AND DENLINGER, JANUARY 24, 2013

 

 

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 12, 2013

 

 

 

AN ACT

 

Amending <-Title Titles 18 (Crimes and Offenses) and 42 (Judiciary
and Judicial Procedure) of the Pennsylvania Consolidated
Statutes, <-further providing for the offense of sexual abuse 
of children; and providing for sentencing for offenses 
involving child pornography.

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

<-Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:

<-Section 1. Section 6312 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:

§ 6312. Sexual abuse of children.

* * *

(d.1) Multiple offenses.--A person who at the time of
sentencing has been convicted of another offense under this
section shall be sentenced to the penalties associated with
second or subsequent violations of this section. For purposes of

this subsection, a person shall be deemed to have been convicted
of another offense under this section whether or not judgment of
sentence has been imposed for that violation.

* * *

Section 2. Title 42 is amended by adding a section to read:

§ 9720.5. Sentencing for offenses involving child pornography.

In addition to any minimum term of imprisonment authorized or
established by law for the offense, 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,
the number of images possessed by the defendant and the nature
and character of the abuse depicted in the images.

Section <-2 3. This act shall take effect in 60 days.