PRINTER'SS0337B0319A00394 DMS:AAS 03/20/19 #90 A00394 AMENDMENTS TO SENATE BILL NO.

319337 THESponsor: GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

337SENATOR 2019BAKER INTRODUCEDPrinter's BYNo. SCHWANK, K.

WARD,319 LANGERHOLC,Amend PHILLIPS-HILL,Bill, MUTH,page SANTARSIERO,1, FONTANA,line BREWSTER,11, FARNESE,by COSTA,striking MARTIN,out HAYWOOD,"another HUGHES,person" MENSCH,and ALLOWAY,inserting WHITE,an BROWNE,individual YUDICHAK,Amend KILLION,Bill, BLAKE,page TARTAGLIONE,1, SABATINAline AND13, J.by striking out "another person" and inserting the individual Amend Bill, page 1, line 17, by striking out "other person" and inserting individual Amend Bill, page 2, line 3, by striking out "other person" and inserting individual Amend Bill, page 2, lines 6 and 7, by striking out "other person" and inserting individual 2019/90DMS/SB0337A00394 - 1 -

WARD, FEBRUARY 26, 2019 REFERRED TO JUDICIARY, FEBRUARY 26, 2019 AN ACT Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in sexual offenses, providing for the offense of sexual extortion.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.

Title 18 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:

§ 3132.

Sexual extortion.

(a) Offense defined.--A person commits the offense of sexual extortion when the person intentionally or knowingly coerces or causes another person to engage in sexual conduct or simulated sexual conduct or to produce, disseminate or distribute an image, video or other recording of another person in a state of nudity or engaged in sexual conduct or simulated sexual conduct by:

(1) harming or threatening to harm the person, property, reputation or other thing of value of the other person;

(2) distributing, disseminating or threatening to distribute or disseminate an image, video or other recording of the other person in a state of nudity or engaged in sexual conduct or simulated sexual conduct;

(3) exposing or threatening to expose any fact of information that if revealed would tend to subject the other person to criminal proceedings, hatred, contempt or ridicule;

or (4) holding out, withholding or threatening to withhold a service, employment, position or other thing of use or value.

(b) Grading.-- (1) Except as otherwise provided, a violation of this section shall constitute a misdemeanor of the first degree.

(2) A violation of this section shall constitute a felony of the third degree when any of the following apply at the time of the offense:

(i) the victim is less than 18 years of age;

(ii) the victim has an intellectual disability;

(iii) the person holds a position of trust or supervisory or disciplinary power over the victim by virtue of the person's legal, professional or occupational status;

(iv) the violation is part of a course of conduct of sexual extortion by the person;

or (v) the person was previously convicted of a violation of this section or of a similar offense in another jurisdiction.

(c) Sentencing.--The Pennsylvania Commission on Sentencing, in accordance with 42 Pa.C.S.

§ 2154 (relating to adoption of 20190SB0337PN0319 - 2 - guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under this section when at the time of the offense the victim is less than 18 years of age, has an intellectual disability or the person holds a position of trust or supervisory or disciplinary power over the victim by virtue of the person's legal, professional or occupational status.

(d) Juvenile diversion.-- (1) Whenever a juvenile is charged with a violation of this section, the judicial authority having jurisdiction of the proceeding shall give first consideration to referring the juvenile to a diversionary program under Pa.R.J.C.P.

No.

312 (relating to Informal Adjustment) or No.

370 (relating to Consent Decree).

As part of the diversionary program, the judicial authority may order the juvenile to participate in an educational program that covers the legal and nonlegal consequences of sexual extortion.

(2) If the person successfully completes the diversionary program, the juvenile's records of the charge of violating this section shall be expunged under section 9123 (relating to juvenile records).

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Course of conduct." A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct.

Acts indicating a course of conduct that occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

20190SB0337PN0319 - 3 - "Disseminate." To cause or make an electronic or actual communication from one place or electronic communication device to two or more other persons, places or electronic communication devices.

"Distribute." To sell, lend, rent, lease, give, advertise, publish or exhibit in a physical or electronic medium.

"Intellectual disability." Regardless of the age of the individual, significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two of the following skill areas:

communication;

self-care;

home living;

social and interpersonal skills;