§ 6312. Sexual abuse of children.
(a) Definition.--(Deleted by amendment).
(b) Photographing, videotaping, depicting on computer or filming sexual acts.--
(1) Any person who causes or knowingly permits a child under the age of 18 years to engage
in a prohibited sexual act or in the simulation of such act commits an offense if
such person knows, has reason to know or intends that such act may be photographed,
videotaped, depicted on computer or filmed.
(2) Any person who knowingly photographs, videotapes, depicts on computer or films a child
under the age of 18 years engaging in a prohibited sexual act or in the simulation
of such an act commits an offense.
(c) Dissemination of photographs, videotapes, computer depictions and films.--Any person who knowingly sells, distributes, delivers, disseminates, transfers, displays
or exhibits to others, or who possesses for the purpose of sale, distribution, delivery,
dissemination, transfer, display or exhibition to others, any child sexual abuse material
or artificially generated child sexual abuse material commits an offense.
(d) Child sexual abuse material.--Any person who intentionally views or knowingly possesses or controls any child sexual
abuse material or artificially generated child sexual abuse material commits an offense.
(d.1) Grading.--The offenses shall be graded as follows:
(1) Except as provided in paragraph (3), an offense under subsection (b) is a felony of
the second degree.
(2) (i) Except as provided in paragraph (3), a first offense under subsection (c) or (d) is
a felony of the third degree.
(ii) A second or subsequent offense under subsection (c) or (d) is a felony of the second
degree.
(3) When a person commits an offense graded under paragraph (1) or (2)(i), the grading
of the offense shall be one grade higher than the grade specified in paragraph (1)
or (2)(i) if:
(i) indecent contact with the child as defined in section 3101 (relating to definitions)
is depicted; or
(ii) the child depicted is under 10 years of age or prepubescent.
(e) Evidence of age.--In the event a person involved in a prohibited sexual act is alleged to be a child
under the age of 18 years, competent expert testimony shall be sufficient to establish
the age of said person.
(e.1) Mistake as to age.--Under subsection (b) only, it is no defense that the defendant did not know the age
of the child. Neither a misrepresentation of age by the child nor a bona fide belief
that the person is over the specified age shall be a defense.
(f) Exceptions.--This section does not apply to any of the following:
(1) Any material that is viewed, possessed, controlled, brought or caused to be brought
into this Commonwealth, or presented, for a bona fide educational, scientific, governmental
or judicial purpose.
(2) Conduct prohibited under section 6321 (relating to transmission of sexually explicit
images by minor), unless the conduct is specifically excluded by section 6321(d).
(3) An individual under 18 years of age who knowingly views, photographs, videotapes,
depicts on a computer or films or possesses or intentionally views a visual depiction
or an artificially generated depiction as defined in section 6321 of himself alone
in a state of nudity as defined in section 6321.
(4) An artificial intelligence developer or its authorized employee or contractor, who,
upon obtaining actual knowledge of the existence of artificially generated child sexual
abuse material, as soon as reasonably possible reports the artificially generated
child sexual abuse material to the National Center for Missing and Exploited Children,
or any successor entity, in compliance with 18 U.S.C. § 2258A (relating to reporting
requirements of providers) and 18 U.S.C. § 2258B (relating to limited liability for
the reporting, storage, and handling of certain visual depictions of apparent child
pornography to the National Center for Missing & Exploited Children).
(f.1) Criminal action.--
(1) A district attorney shall have the authority to investigate and to institute criminal
proceedings for any violation of this section.
(2) In addition to the authority conferred upon the Attorney General by the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney
General shall have the authority to investigate and to institute criminal proceedings
for any violation of this section or any series of violations of this section involving
more than one county of this Commonwealth or involving any county of this Commonwealth
and another state. No person charged with a violation of this section by the Attorney
General shall have standing to challenge the authority of the Attorney General to
investigate or prosecute the case, and, if any such challenge is made, the challenge
shall be dismissed and no relief shall be available in the courts of this Commonwealth
to the person making the challenge.
(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"Artificial intelligence." As defined in section 3131 (relating to unlawful dissemination of intimate image).
"Artificial intelligence developer." A person that designs, codes or produces an artificial intelligence system and makes
the system commercially available whether for payment or free of charge.
"Artificially generated child sexual abuse material." A book, magazine, pamphlet, slide, photograph, videotape, film, computer depiction
or other material:
(1) that appears to authentically depict a child under 18 years of age engaging in a prohibited
sexual act or in the simulation of such act that did not occur in reality; and
(2) the production of which was substantially dependent upon technical means, including
artificial intelligence or photo editing software, rather than the ability of another
person to physically impersonate the child.
"Child sexual abuse material." A book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction
or other material depicting a child under 18 years of age engaging in a prohibited
sexual act or in the simulation of a prohibited sexual act.
"Intentionally views." The deliberate, purposeful, voluntary viewing of material containing an artificially
generated depiction or depicting a child under 18 years of age engaging in a prohibited
sexual act or in the simulation of such act. The term shall not include the accidental
or inadvertent viewing of such material.
"Photo editing software." As defined in section 3131.
"Prohibited sexual act." Sexual intercourse as defined in section 3101 (relating to definitions), masturbation,
sadism, masochism, bestiality, fellatio, cunnilingus, lewd exhibition of the genitals
or nudity if such nudity is depicted for the purpose of sexual stimulation or gratification
of any person who might view such depiction.
(Oct. 26, 1977, P.L.212, No.62, eff. 60 days; Dec. 19, 1988, P.L.1275, No.158, eff.
60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Nov. 20, 2002,
P.L.1104, No.134, eff. 60 days; July 14, 2009, P.L.63, No.15, eff. 60 days; Oct. 7,
2010, P.L.482, No.69, eff. 60 days; Oct. 25, 2012, P.L.1623, No.198, eff. 60 days;
Dec. 18, 2013, P.L.1163, No.105, eff. Jan. 1, 2014; June 30, 2021, P.L.249, No.53,
eff. 60 days; Oct. 29, 2024, P.L.1095, No.125, eff. 60 days)
2024 Amendment. Act 125 amended subsecs. (c), (d), (f)(3) and (g) and added subsec. (f)(4).
2021 Amendment. Act 53 amended subsec. (d.1).
2013 Amendment. Act 105 amended subsecs. (b), (c) and (d) and added subsec. (d.1).
2012 Amendment. Act 198 amended subsec. (f).
2010 Amendment. Act 69 added subsec. (f.1).
2009 Amendment. Act 15 amended subsecs. (d) hdg. and (1) and (f), added subsec. (g) and deleted subsec.
(a).
Cross References. Section 6312 is referred to in sections 3051, 3104, 3131, 5743.1, 6318, 6321, 7621,
7626, 7627, 9158 of this title; section 2106 of Title 20 (Decedents, Estates and Fiduciaries);
sections 5329, 6303, 6344, 6388, 6702 of Title 23 (Domestic Relations); sections 5552,
5920, 5985.1, 5993, 62A03, 6302, 9718.1, 9720.5, 9799.14, 9799.55 of Title 42 (Judiciary
and Judicial Procedure); section 3113 of Title 63 (Professions and Occupations (State
Licensed)).
Notes of Decisions
Cited in
254
cases (
72 in the last 5 years), 1987–2026 · leading case:
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007).
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007).
· cites it 26× “This section does not apply to any material that is possessed, controlled, brought or caused to be brought into this Commonwealth, or presented for a bona fide educational, scientific, governmental or judicial purpose.”
Emilio Moreno v. Attorney Gen. United States, 887 F.3d 160 (3rd Cir. 2018).
· cites it 8× “*162 Petitioner Emilio Fabian Moreno was ordered removed to his native country of Argentina after the Board of Immigration Appeals found that his conviction for possession of child pornography under 18 Pa. Cons. Stat. § 6312 (d) constituted a crime involving moral turpitude…”
Commonwealth v. Diodoro, 970 A.2d 1100 (Pa. 2009).
· cites it 10× “In the instant appeal, the limited question presented for this Court’s review is whether accessing and viewing child pornography over the internet constitutes “control” of such pornography under 18 Pa.C.S. § 6312(d). For the reasons that follow, we hold that it does, and…”
Commonwealth v. Sauers, 159 A.3d 1 (Pa. Super. Ct. 2017).
· cites it 6× “” 18 Pa.C.S. § 6312(c). Similarly, “[a]ny person who intentionally views or knowingly possesses or controls any .”
Commonwealth v. Baker, 78 A.3d 1044 (Pa. 2013).
· cites it 5× “Nor was appellant convicted of photographing, videotaping, depicting or filming child sexual activity in violation of 18 Pa. C.S. § 6312(b), or of dissemination of photographs, videotapes, computer depictions or films of child sexual activity in violation of Section 6312(c).”
Commonwealth v. Baker, 24 A.3d 1006 (Pa. Super. Ct. 2011).
· cites it 4× “He entered into a negotiated guilty plea to violating 18 Pa.C.S. § 6312(d)(1), and was sentenced to 60 months intermediate punishment, with credit for time served.”
Commonwealth v. Tiffany, 926 A.2d 503 (Pa. Super. Ct. 2007).
· cites it 10× “[11] ¶ 7 Here, the Applications for Search Warrants pertaining to Appellant's home and vehicle stated the name and agency of the affiant; specifically identified the places to be searched, and the owner of those areas; and the crimes alleged (18 Pa.C.S. § 6312 [12] with regard…”
Commonwealth v. Williams, 832 A.2d 962 (Pa. 2003).
· cites it 2× “See 18 Pa.C.S. § 6312(e.l). The Act’s provisions, then, do not become applicable only upon a finding of scienter, thus supporting the conclusion that Megan’s Law II is non-punitive pursuant to this Mendoza-Martinez factor.”
Commonwealth v. Green, 204 A.3d 469 (Pa. Super. Ct. 2019).
· cites it 2× “" 18 Pa.C.S. § 6312(d). The statute defines "prohibited sexual act" to include "lewd exhibition of the genitals or nudity if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such depiction.”
Commonwealth v. Levy, 83 A.3d 457 (Pa. Super. Ct. 2013).
· cites it 3× “At trial, Levy vigorously argued that the evidence was insufficient to convict him of either sexual abuse of children, 18 Pa.C.S. § 6312(d), or subsection (a)(5) of the unlawful contact with a minor statute, 18 Pa.”
A.S. v. Pennsylvania State Police, 87 A.3d 914 (Pa. Commw. Ct. 2014).
· cites it 5× “l) or (b), the following individuals shall be required to register with [PSP] for a period of ten years: (1)Individuals convicted of any of the following offenses: [[Image here]] 18 Pa.C.S. § 6312 (relating to sexual abuse of children).”
— 18 Pa. Cons. Stat. § 6312(8) — 1 case
— 18 Pa. Cons. Stat. § 6312(a) — 7 cases
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007).
“This section does not apply to any material that is possessed, controlled, brought or caused to be brought into this Commonwealth, or presented for a bona fide educational, scientific, governmental or judicial purpose.”
In Re Sb, 833 A.2d 1116 (Pa. Super. Ct. 2003).
— 18 Pa. Cons. Stat. § 6312(b) — 30 cases
Commonwealth v. Williams, 832 A.2d 962 (Pa. 2003).
“See 18 Pa.C.S. § 6312(e.l). The Act’s provisions, then, do not become applicable only upon a finding of scienter, thus supporting the conclusion that Megan’s Law II is non-punitive pursuant to this Mendoza-Martinez factor.”
Commonwealth v. Baker, 78 A.3d 1044 (Pa. 2013).
“Nor was appellant convicted of photographing, videotaping, depicting or filming child sexual activity in violation of 18 Pa. C.S. § 6312(b), or of dissemination of photographs, videotapes, computer depictions or films of child sexual activity in violation of Section 6312(c).”
— 18 Pa. Cons. Stat. § 6312(b)(1) — 5 cases
— 18 Pa. Cons. Stat. § 6312(b)(2) — 5 cases
— 18 Pa. Cons. Stat. § 6312(c) — 41 cases
Commonwealth v. Sauers, 159 A.3d 1 (Pa. Super. Ct. 2017).
“” 18 Pa.C.S. § 6312(c). Similarly, “[a]ny person who intentionally views or knowingly possesses or controls any .”
— 18 Pa. Cons. Stat. § 6312(c)(1) — 8 cases
— 18 Pa. Cons. Stat. § 6312(d) — 130 cases
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007).
“This section does not apply to any material that is possessed, controlled, brought or caused to be brought into this Commonwealth, or presented for a bona fide educational, scientific, governmental or judicial purpose.”
Commonwealth v. Diodoro, 970 A.2d 1100 (Pa. 2009).
“In the instant appeal, the limited question presented for this Court’s review is whether accessing and viewing child pornography over the internet constitutes “control” of such pornography under 18 Pa.C.S. § 6312(d). For the reasons that follow, we hold that it does, and…”
Commonwealth v. Sauers, 159 A.3d 1 (Pa. Super. Ct. 2017).
“” 18 Pa.C.S. § 6312(c). Similarly, “[a]ny person who intentionally views or knowingly possesses or controls any .”
Commonwealth v. Levy, 83 A.3d 457 (Pa. Super. Ct. 2013).
“At trial, Levy vigorously argued that the evidence was insufficient to convict him of either sexual abuse of children, 18 Pa.C.S. § 6312(d), or subsection (a)(5) of the unlawful contact with a minor statute, 18 Pa.”
— 18 Pa. Cons. Stat. § 6312(d)(1) — 26 cases
Commonwealth v. Baker, 24 A.3d 1006 (Pa. Super. Ct. 2011).
“He entered into a negotiated guilty plea to violating 18 Pa.C.S. § 6312(d)(1), and was sentenced to 60 months intermediate punishment, with credit for time served.”
Commonwealth v. Diodoro, 970 A.2d 1100 (Pa. 2009).
“In the instant appeal, the limited question presented for this Court’s review is whether accessing and viewing child pornography over the internet constitutes “control” of such pornography under 18 Pa.C.S. § 6312(d). For the reasons that follow, we hold that it does, and…”
Commonwealth v. Baker, 78 A.3d 1044 (Pa. 2013).
“Nor was appellant convicted of photographing, videotaping, depicting or filming child sexual activity in violation of 18 Pa. C.S. § 6312(b), or of dissemination of photographs, videotapes, computer depictions or films of child sexual activity in violation of Section 6312(c).”
Commonwealth v. Sauers, 159 A.3d 1 (Pa. Super. Ct. 2017).
“” 18 Pa.C.S. § 6312(c). Similarly, “[a]ny person who intentionally views or knowingly possesses or controls any .”
— 18 Pa. Cons. Stat. § 6312(d)(2) — 3 cases
— 18 Pa. Cons. Stat. § 6312(d)(3) — 1 case
— 18 Pa. Cons. Stat. § 6312(d)(l)(2) — 1 case
Commonwealth v. Baker, 78 A.3d 1044 (Pa. 2013).
“Nor was appellant convicted of photographing, videotaping, depicting or filming child sexual activity in violation of 18 Pa. C.S. § 6312(b), or of dissemination of photographs, videotapes, computer depictions or films of child sexual activity in violation of Section 6312(c).”
— 18 Pa. Cons. Stat. § 6312(f) — 2 cases
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007).
“This section does not apply to any material that is possessed, controlled, brought or caused to be brought into this Commonwealth, or presented for a bona fide educational, scientific, governmental or judicial purpose.”
Commonwealth v. Tiffany, 926 A.2d 503 (Pa. Super. Ct. 2007).
“[11] ¶ 7 Here, the Applications for Search Warrants pertaining to Appellant's home and vehicle stated the name and agency of the affiant; specifically identified the places to be searched, and the owner of those areas; and the crimes alleged (18 Pa.C.S. § 6312 [12] with regard…”
— 18 Pa. Cons. Stat. § 6312(g) — 6 cases
Commonwealth v. Green, 204 A.3d 469 (Pa. Super. Ct. 2019).
“" 18 Pa.C.S. § 6312(d). The statute defines "prohibited sexual act" to include "lewd exhibition of the genitals or nudity if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such depiction.”
Commonwealth v. Baker, 78 A.3d 1044 (Pa. 2013).
“Nor was appellant convicted of photographing, videotaping, depicting or filming child sexual activity in violation of 18 Pa. C.S. § 6312(b), or of dissemination of photographs, videotapes, computer depictions or films of child sexual activity in violation of Section 6312(c).”
Commonwealth v. Levy, 83 A.3d 457 (Pa. Super. Ct. 2013).
“At trial, Levy vigorously argued that the evidence was insufficient to convict him of either sexual abuse of children, 18 Pa.C.S. § 6312(d), or subsection (a)(5) of the unlawful contact with a minor statute, 18 Pa.”
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