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Senate approves bill raising child porn penalties

The state Senate on Wednesday approved a bill that would increase penalties against people convicted of possessing child pornography, according to state Sen. Elder Vogel, R-47th, who supported the legislation.

Senate Bill 87 would boost penalties in cases of child pornography in which the child is under the age of 10 or is prepubescent. The bill includes penalties for anyone who views, possesses, disseminates, photographs, videotapes or otherwise depicts children engaging in sexual acts.

A charge of sexual abuse of children filed as a first offense would be graded as a third-degree felony, but elevated to a second-degree felony when filed as a second offense against a defendant, according to the bill.

The charge would be elevated one grade higher for first and second offenses if indecent contact with a child is depicted, the child depicted is less than 10 years old or is prepubescent, according to the bill.

The bill allows the Pennsylvania Commission on Sentencing to develop sentencing enhancements for those who sexually abuse children that are known to them. Those enhancements would be based on the age of the child, the number of images in possession, the nature of the abuse depicted and whether the child is known to the defendant, according to the bill.

In addition, the bill would create a special Task Force on Child Pornography to review laws pertaining to child pornography and make recommendations to improve the investigation and prosecution of offenders to ensure the perpetrators of these crimes are held accountable. The task force will recommend any necessary changes in state statutes, practices and policies relating to child pornography.

Vogel said the bill, which now moves to the House, previously was sponsored by the late Sen. Dave Arnold, R-48th, who died earlier this month.

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