PRINTER'S NO. 1073
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1059
Session of
2023
INTRODUCED BY DELOZIER, GILLEN, JAMES, LEADBETER, MARCELL,
N. NELSON AND ROWE, APRIL 28, 2023
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 28, 2023
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "sexual abuse or exploitation"
in section 6303(a) of Title 23 of the Pennsylvania Consolidated
Statutes is amended to read:
§ 6303. Definitions.
(a) General rule.--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:
* * *
"Sexual abuse or exploitation." Any of the following:
(1) The employment, use, persuasion, inducement,
enticement or coercion of a child to engage in or assist
another individual to engage in sexually explicit conduct,
which includes, but is not limited to, the following:
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(i) Looking at the sexual or other intimate parts of
a child or another individual for the purpose of arousing
or gratifying sexual desire in any individual.
(ii) Participating in sexually explicit conversation
either in person, by telephone, by computer or by a
computer-aided device for the purpose of sexual
stimulation or gratification of any individual.
(iii) Actual or simulated sexual activity or nudity
for the purpose of sexual stimulation or gratification of
any individual.
(iv) Actual or simulated sexual activity for the
purpose of producing visual depiction, including
photographing, videotaping, computer depicting or
filming.
This paragraph does not include consensual activities between
a child who is 14 years of age or older and another person
who is 14 years of age or older and whose age is within four
years of the child's age.
(2) Any of the following offenses committed against a
child:
[(i) Rape as defined in 18 Pa.C.S. § 3121 (relating
to rape).]
(i.1) Trafficking in minors as defined in 18 Pa.C.S.
§ 3011 (relating to trafficking in individuals).
(i.2) Involuntary servitude as defined in 18 Pa.C.S.
§ 3012 (relating to involuntary servitude).
(i.3) Rape as defined in 18 Pa.C.S. § 3121 (relating
to rape).
(ii) Statutory sexual assault as defined in
18 Pa.C.S. § 3122.1 (relating to statutory sexual
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assault).
(iii) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse).
(iv) Sexual assault as defined in
18 Pa.C.S. § 3124.1 (relating to sexual assault).
(v) Institutional sexual assault as defined in
18 Pa.C.S. § 3124.2 (relating to institutional sexual
assault).
(vi) Aggravated indecent assault as defined in
18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(vii) Indecent assault as defined in
18 Pa.C.S. § 3126 (relating to indecent assault).
(viii) Indecent exposure as defined in
18 Pa.C.S. § 3127 (relating to indecent exposure).
(ix) Incest as defined in 18 Pa.C.S. § 4302
(relating to incest).
(x) Prostitution as defined in 18 Pa.C.S. § 5902
(relating to prostitution and related offenses).
(xi) Sexual abuse as defined in 18 Pa.C.S. § 6312
(relating to sexual abuse of children).
(xii) Unlawful contact with a minor as defined in
18 Pa.C.S. § 6318 (relating to unlawful contact with
minor).
(xiii) Sexual exploitation as defined in
18 Pa.C.S. § 6320 (relating to sexual exploitation of
children).
* * *
Section 2. This act shall take effect in 60 days.
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