Signed by Governor Tom Corbett

Vote Smart's Synopsis:

Vote to pass a bill that establishes penalties for minors involved in sexual misconduct via electronic communication.

Highlights:

• Specifies that a minor has committed a summary offense by committing either of the following offenses (Sec. 2):
• Knowingly transmits or distributes an electronic communication containing a sexually explicit image of himself; or
• Knowingly possesses or views an explicit image of a minor who is 12 years of age or older.

• Specifies that a minor who knowingly transmits or distributes an electronic communication containing sexually explicit images of another individual, 12 years of age or older, has committed a misdemeanor of the third degree (Sec. 2).

• Specifies that a minor has committed a misdemeanor of the second degree with intent to coerce, intimidate, or cause emotional distress to another minor, when he or she commits one of the following offenses (Sec. 2):
• Makes a visual depiction of any minor in the state of nudity without consent of the depicted minor; or
• Transmits or distributes a visual depiction of a minor in the state of nudity without consent from the depicted minor.

• Authorizes a minor charged with a summary offense to have the charge removed from his or her permanent record upon completion of a sexual education diversionary program (Sec. 2). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that reduces the penalty for minors convicted of "sexting" from a felony to a misdemeanor in the second degree, with some exceptions.

Highlights:

• Establishes a new offense, "sexting by minors" in the Crimes Code to apply to minors who knowingly transmit electronic images of themselves or another minor, or possess an image of another minor engaging in sexually explicit conduct (Sec. 2).

• Defines a "minor" as a person who is between the age of 13 to 17 (Sec. 2).

• Defines "sexually explicit conduct" as "lewd" exhibition of the minor's genitals, pubic area, breasts, buttocks, or nudity, if such nudity is depicted for the purpose of simulation or gratification of any person who might view such depiction (Sec. 2).

• Specifies that the following acts are exempt from the provision, and will continue to constitute a felony charge under child pornography laws and laws related to sexual abuse of children (Sec. 2):
• Electronic communication that depict sexual intercourse of a person with a minor; and
• Any visual depiction, photograph, videotape, or film of a minor engaging in sexually explicit conduct, intended to be used for a commercial purpose.

• Specifies that this act will take effect 60 days after passage of the legislation (Sec. 3).

Full Bill Text