HB 940 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for definitions.

PRINTER'S NO.   1006

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 940
                                                   Session of
                                                     2025

     INTRODUCED BY DELOZIER, BERNSTINE, PUGH AND RIVERA,
        MARCH 17, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 2025


                                      AN ACT
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in child protective services, further
 3      providing for definitions.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     The definition of "sexual abuse or exploitation"
 7   in section 6303(a) of Title 23 of the Pennsylvania Consolidated
 8   Statutes is amended to read:
 9   § 6303.    Definitions.
10      (a)    General rule.--The following words and phrases when used
11   in this chapter shall have the meanings given to them in this
12   section unless the context clearly indicates otherwise:
13      * * *
14      "Sexual abuse or exploitation."        Any of the following:
15             (1)   The employment, use, persuasion, inducement,
16      enticement or coercion of a child to engage in or assist
17      another individual to engage in sexually explicit conduct,
18      which includes, but is not limited to, the following:
 1              (i)    Looking at the sexual or other intimate parts of
 2        a child or another individual for the purpose of arousing
 3        or gratifying sexual desire in any individual.
 4              (ii)    Participating in sexually explicit conversation
 5        either in person, by telephone, by computer or by a
 6        computer-aided device for the purpose of sexual
 7        stimulation or gratification of any individual.
 8              (iii)    Actual or simulated sexual activity or nudity
 9        for the purpose of sexual stimulation or gratification of
10        any individual.
11              (iv)    Actual or simulated sexual activity for the
12        purpose of producing visual depiction, including
13        photographing, videotaping, computer depicting or
14        filming.
15    This paragraph does not include consensual activities between
16    a child who is 14 years of age or older and another person
17    who is 14 years of age or older and whose age is within four
18    years of the child's age.
19        (2)   Any of the following offenses committed against a
20    child:
21              [(i)    Rape as defined in 18 Pa.C.S. § 3121 (relating
22        to rape).]
23              (i.1)    Trafficking in minors as defined in 18 Pa.C.S.
24        § 3011 (relating to trafficking in individuals).
25              (i.2)    Involuntary servitude as defined in 18 Pa.C.S.
26        § 3012 (relating to involuntary servitude).
27              (i.3)    Rape as defined in 18 Pa.C.S. § 3121 (relating
28        to rape).
29              (ii)    Statutory sexual assault as defined in
30        18 Pa.C.S. § 3122.1 (relating to statutory sexual

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 1        assault).
 2             (iii)    Involuntary deviate sexual intercourse as
 3        defined in 18 Pa.C.S. § 3123 (relating to involuntary
 4        deviate sexual intercourse).
 5             (iv)    Sexual assault as defined in
 6        18 Pa.C.S. § 3124.1 (relating to sexual assault).
 7             (v)    Institutional sexual assault as defined in
 8        18 Pa.C.S. § 3124.2 (relating to institutional sexual
 9        assault).
10             (vi)    Aggravated indecent assault as defined in
11        18 Pa.C.S. § 3125 (relating to aggravated indecent
12        assault).
13             (vii)    Indecent assault as defined in
14        18 Pa.C.S. § 3126 (relating to indecent assault).
15             (viii)    Indecent exposure as defined in
16        18 Pa.C.S. § 3127 (relating to indecent exposure).
17             (ix)    Incest as defined in 18 Pa.C.S. § 4302
18        (relating to incest).
19             (x)    Prostitution as defined in 18 Pa.C.S. § 5902
20        (relating to prostitution and related offenses).
21             (xi)    Sexual abuse as defined in 18 Pa.C.S. § 6312
22        (relating to sexual abuse of children).
23             (xii)    Unlawful contact with a minor as defined in
24        18 Pa.C.S. § 6318 (relating to unlawful contact with
25        minor).
26             (xiii)    Sexual exploitation as defined in
27        18 Pa.C.S. § 6320 (relating to sexual exploitation of
28        children).
29    * * *
30    Section 2.     This act shall take effect in 60 days.

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