PRINTER'S NO. 2843
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2181
Session of
2024
INTRODUCED BY WARNER, SCHEUREN, MARCELL, COOK, KUTZ, KAUFFMAN,
BERNSTINE, CABELL, STAATS, GILLEN, M. JONES, JOZWIAK,
SCIALABBA, E. NELSON AND DALEY, APRIL 3, 2024
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 2024
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in offenses against the family,
providing for the offense of child torture.
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:
§ 4307. Child torture.
(a) Offense defined.--A person commits an offense if the
person intentionally, knowingly or recklessly tortures a child
who is within the custody or physical control of the person.
(b) Grading.--
(1) An offense under this section is a felony of the
third degree if the victim does not suffer bodily injury.
(2) An offense under this section is a felony of the
first degree if the victim suffers bodily injury.
(c) Counseling.--A court shall consider ordering a person
convicted of an offense under this section to undergo
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counseling.
(d) Personal injury crime.--An offense under this section
shall constitute a personal injury crime under the act of
November 24, 1998 (P.L.882, No.111), known as the Crime Victims
Act.
(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:
"Child." An individual who is under 18 years of age.
"Emotional distress." As defined in section 2709.1(f)
(relating to stalking).
"Period of time." More than a single 48-hour period.
"Person." Any individual, including a parent or guardian of
a child.
"Sexual abuse or exploitation." As defined in 23 Pa.C.S. §
6303(a) (relating to definitions).
"Torture." A course of conduct against a child that includes
at least one of the following acts or substantially similar
acts:
(1) Breaking, severing or severely impairing a limb of
the child.
(2) Inflicting severe and prolonged pain from striking,
burning or cutting the child.
(3) Causing or allowing a grossly unreasonable period of
time where the child is deprived of food or water.
(4) Knowingly restraining the child so as to interfere
substantially with the child's liberty in a grossly
unreasonable manner that serves no legitimate parental
purpose.
(5) Forcing the child to remain in an area that is not
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suitable for habitation, such as areas where urine or feces
are actively present.
(6) Subjecting the child to extreme temperatures without
adequate clothing.
(7) Forcing excessive and unnecessary time periods of
exercise or other physical acts as a form of punishment
against the child.
(8) Engaging in the sexual abuse or exploitation of the
child or allowing or participating in the sexual abuse or
exploitation of the child by another person.
(9) Repeatedly intimidating or humiliating the child for
the purpose of causing significant emotional distress.
(10) Terrorizing or threatening death or harm to the
child, a loved one of the child or a pet or loved object of
the child for the purpose of causing significant emotional
distress.
(11) Restricting basic and necessary bodily functions
needed for the personal hygiene of the child.
(12) Engaging in conduct that places the child at risk
of serious bodily injury.
Section 2. This act shall take effect in 60 days.
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