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Report of the Task Force on Child Pornography under 23 PA.C.S. § 6388(h) September 28, 2022

By The Joint State Government Commission (PA) and the Pennsylvania  the Pennsylvania Commission on Crime and Delinquency (PCCD) 

The specific statute under review by the TFCP is the section relating to “Sexual Abuse of Children” and is codified at 18 Pa.C.S. § 6312. 9 There are three subsections within that offense and each address a different type of behavior perpetrated by the offender: Subsection (b) of § 6312 relates to “Photographing, videotaping, depicting on computer or filming sexual act” and may be described as manufacturing or creating child pornography. This subsection criminalizes individuals who cause or knowingly permit a child under 18 to engage in a prohibited sexual act10 or simulation of said act, knowing or intending the act to be photographed or filmed. Manufacturing child pornography under subsection (b) is generally a felony of the second degree11 but is graded as a felony of the first degree12 if indecent contact13 with a child is depicted or the child is under the age of 10 or prepubescent. Subsection (c) of § 6312 relates to “Dissemination of photographs, videotapes, computer depictions and films” and may be described as distributing or selling child pornography. This subsection criminalizes individuals who knowingly sell, distribute, deliver, disseminate, transfer, display or exhibit to others images depicting a child under 18 engaged in or simulating a prohibited sexual act. Distributing child pornography under subsection (c) is generally a felony of the third degree; 14 however, it is graded a felony of the second degree if it is a second or subsequent offense, or if the images depict indecent contact with a child or the child is under the age of 10 or prepubescent. Subsection (d) of § 6312 relates to “Child Pornography” and may also be described as possession of child pornography. Subsection (d) criminalizes individuals who intentionally view, knowingly possess or control images depicting a child under 18 engaged in a prohibited sexual act or simulation of such act. Possessing child pornography is generally a felony of the third degree however, it is graded a felony of the second degree if it is a second or subsequent offense, or if the images depict indecent contact with a child or the child is under the age of 10 or prepubescent. 

Harrisburg: Pennsylvania Commission on Crime and Delinquency, 2022. 284p.