HB 1531 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in offenses against the family, providing for the offense of child torture.

PRINTER'S NO.   1788

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1531
                                                  Session of
                                                    2025

     INTRODUCED BY SHUSTERMAN, HILL-EVANS, M. MACKENZIE, PROBST,
        SANCHEZ, CEPEDA-FREYTIZ AND D. WILLIAMS, MAY 30, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MAY 30, 2025


                                         AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in offenses against the family,
 3      providing for the offense of child torture.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Title 18 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 4307.    Child torture.
 9      (a)    Offense defined.--A person commits the offense of child
10   torture if that person intentionally or knowingly engages in a
11   course of conduct against a child that includes more than one of
12   the following:
13             (1)   Torture.
14             (2)   Physical assault.
15             (3)   Unreasonable or extended confinement or restraint.
16             (4)   Unreasonable or extended activity or forced holding
17      of position.
18             (5)   Intentional failure to provide care, protection or
 1      support.
 2      (b)   Grading.--An offense under this section shall be a
 3   felony of the first degree.
 4      (c)   Evidence and defenses.--
 5            (1)   Expert testimony as to the existence or extent of
 6      mental anguish or psychological abuse shall not be a
 7      requirement for a conviction under this section.
 8            (2)   It shall not be a defense that a child has a
 9      particular susceptibility to mental anguish or psychological
10      abuse.
11            (3)   Evidence that the child suffered pain shall not be
12      required to sustain a conviction.
13      (d)   Exception.--Subsection (a) shall not apply to any action
14   of a parent or guardian or other person similarly responsible
15   for the general care and supervision of a child or a person
16   acting at the request of the parent, guardian or other
17   responsible adult if:
18            (1)   the action is used for the purpose of safeguarding
19      or promoting the welfare of the child, including preventing
20      misbehavior or punishment of the child's misbehavior; and
21            (2)   the action is not designed to cause or known to
22      create substantial risk of death, serious bodily injury,
23      disfigurement, extreme or unnecessary pain or mental
24      distress, gross degradation or humiliation.
25      (e)   Definitions.--As used in this section, the following
26   words and phrases shall have the meanings given to them in this
27   subsection unless the context clearly indicates otherwise:
28      "Child."    A person under 18 years of age when the course of
29   conduct under subsection (a) begins.
30      "Torture."    Causing bodily injury or serious bodily injury as

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1   defined in section 2301 (relating to definitions) or acting in
2   an especially depraved manner to create a substantial and
3   unjustifiable risk of mental or psychological harm.
4      Section 2.   This act shall take effect in 60 days.




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