Pennsylvania Act 2005-64 — CRIMES CODE (18 PA.C.S.) - LURING A CHILD INTO MOTOR VEHICLE OR STRUCTURE

Act text

CRIMES CODE (18 PA.C.S.) - LURING A CHILD INTO MOTOR VEHICLE OR STRUCTURE
                  Act of Nov. 10, 2005, P.L. 330, No. 64              Cl. 18
                             Session of 2005
                               No. 2005-64

     HB 746

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for the offense of
        luring a child into a motor vehicle or structure.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2910 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 2910.  Luring a child into a motor vehicle or structure.
        [A person who lures] (a)  Offense.--Unless the circumstances
     reasonably indicate that the child is in need of assistance, a
     person who lures or attempts to lure a child into a motor
     vehicle or structure without the consent, express or implied, of
     the child's parent or guardian[, unless the circumstances
     reasonably indicate that the child is in need of assistance,]
     commits a misdemeanor of the first degree.
        (b)  Affirmative defense.--It shall be an affirmative defense
     to a prosecution under this section that the person lured or
     attempted to lure the child into the structure for a lawful
     purpose.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Motor vehicle."  Every self-propelled device in, upon or by
     which any person or property is or may be transported or drawn
     on a public highway.
        "Structure."  A house, apartment building, shop, warehouse,
     barn, building, vessel, railroad car, cargo container, house
     car, trailer, trailer coach, camper, mine, floating home or
     other enclosed structure capable of holding a child, which is
     not open to the general public.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 10th day of November, A. D. 2005.

     EDWARD G. RENDELL