18 Pa. C.S. § 6312

Current through Pa Acts 2024-53, 2024-56 through 2024-127

Section 6312 - Sexual abuse of children

(a) Deleted by 2009, July 14, P.L. 63, No. 15, § 1, effective in 60 days [Sept. 14, 2009].

(b) Photographing, videotaping, depicting on computer or filming sexual acts.--

(1)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 commits an offense if such person knows, has reason to know or intends that such act may be photographed, videotaped, depicted on computer or filmed.

(2)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 commits an offense.

(c)Dissemination of photographs, videotapes, computer depictions and films.--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 child sexual abuse material or artificially generated child sexual abuse material commits an offense.

(d)Child sexual abuse material.--Any person who intentionally views or knowingly possesses or controls any child sexual abuse material or artificially generated child sexual abuse material commits an offense.

(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) , 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.

(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 of the following:

(1) 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.

(2) Conduct prohibited under section 6321 (relating to transmission of sexually explicit images by minor), unless the conduct is specifically excluded by section 6321(d).

(3) An individual under 18 years of age who knowingly views, photographs, videotapes, depicts on a computer or films or possesses or intentionally views a visual depiction or an artificially generated depiction as defined in section 6321 of himself alone in a state of nudity as defined in section 6321.

(4) An artificial intelligence developer or its authorized employee or contractor, who, upon obtaining actual knowledge of the existence of artificially generated child sexual abuse material, as soon as reasonably possible reports the artificially generated child sexual abuse material to the National Center for Missing and Exploited Children, or any successor entity, in compliance with 18 U.S.C. § 2258a (relating to reporting requirements of providers) and 18 U.S.C. § 2258b (relating to limited liability for the reporting, storage, and handling of certain visual depictions of apparent child pornography to the National Center for Missing & Exploited Children).

(f.1) Criminal action.--

(1) A district attorney shall have the authority to investigate and to institute criminal proceedings for any violation of this section.

(2) In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L. 950, No. 164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for any violation of this section or any series of violations of this section involving more than one county of this Commonwealth or involving any county of this Commonwealth and another state. 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 investigate or 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.

(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Artificial intelligence." As defined in section 3131 (relating to unlawful dissemination of intimate image).

"Artificial intelligence developer." A person that designs, codes or produces an artificial intelligence system and makes the system commercially available whether for payment or free of charge.

"Artificially generated child sexual abuse material." A book, magazine, pamphlet, slide, photograph, videotape, film, computer depiction or other material :

(1) that appears to authentically depict a child under 18 years of age engaging in a prohibited sexual act or in the simulation of such act that did not occur in reality; and

(2) the production of which was substantially dependent upon technical means, including artificial intelligence or photo editing software, rather than the ability of another person to physically impersonate the child.

"Child sexual abuse material." A book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under 18 years of age engaging in a prohibited sexual act or in the simulation of a prohibited sexual act.

"Intentionally views." The deliberate, purposeful, voluntary viewing of material containing an artificially generated depiction or 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.

"Photo editing software." As defined in section 3131.

"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.

18 Pa.C.S. § 6312

Amended by P.L. (number not assigned at time of publication) 2024 No. 125,§ 3, eff. 12/30/2024.

Amended by P.L. TBD 2021 No. 53, § 1, eff. 8/29/2021.

Amended by P.L. 1163 2013 No. 105, § 2, eff. 1/1/2014.

Amended by P.L. 1623 2012 No. 198, § 1, eff. 12/24/2012.

1977 , Oct. 26, P.L. 212, No. 62, § 1, effective in 60 days. Amended 1988, Dec. 19, P.L. 1275, No. 158, § 3, effective in 60 days; 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), § 11, effective in 60 days; 2002 , Nov. 20, P.L. 1104, No. 134, § 1, effective in 60 days; 2009, July 14, P.L. 63, No. 15, § 1, effective in 60 days [Sept. 14, 2009]; 2010, Oct. 7, P.L. 482, No. 69, § 2, effective in 60 days [Dec. 6, 2010].