State Senator Proposes Criminalizing Sexual Extortion in Pa.
A state senator introduced a bill that would criminalize sexual extortion in the state.
May 04, 2018 at 12:00 PM
2 minute read
Pennsylvania State Capitol. Photo credit: Zack Frank/Shutterstock.com
A state senator introduced a bill that would criminalize sexual extortion in the state.
In the amendment proposed by its prime sponsor, Sen. Judith L. Schwank, D-Berks, sexual extortion is defined as intentionally or knowingly coercing or causing another person to engage in sexual conduct or simulated sexual contact or produce or distribute an image or recording of another person who is nude, in sexual conduct or simulated sexual conduct.
The amendment stated the violation would occur if the images were distributed or threatened to be distributed. Also “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 withholding or threatening to withhold a service, employment or position over nude or sexually charged images would be considered sexual extortion if the amendment were to pass.
Under most circumstances this criminal violation would be a first-degree misdemeanor.
However, a violation of this proposed amendment would constitute as a third-degree felony if the victim is younger than 18, has an “intellectual disability,” the person in violation has a “position of trust” or supervisory or disciplinary power over the victim because of the person's “legal, professional or occupational status,” the violation is part of a “course of conduct of sexual extortion by the person” or the violator was previously convicted of the same or similar offense.
If the violator is a juvenile, according to the proposed amendment, the judicial authority would give first consideration to referring the juvenile to a diversionary program.
If the juvenile successfully completes the program their charge would be expunged under Section 9123.
As of May 3, the amendment had been referred to the state Senate's Judiciary Committee.
—V.H. •
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