− Indecent exposure as defined in (18 Pa.C.S. § 3127) − Incest as defined in (18 Pa.C.S. § 4302) − Prostitution as defined in (18 Pa.C.S. § 5902) − Sexual abuse as defined in (18 Pa.C.S. § 6312) − Unlawful contact with a minor as defined in (18 Pa.C.S. § 6318) − Sexual exploitation as defined in (18 Pa.C.S. § 6320) Sexual Misconduct: any act, including but not limited to, any verbal, nonverbal, written, or electronic communication, or physical activity, directed toward or with a child or a student regardless of the age of the child or student, that is designed to establish a romantic or sexual relationship with the child or student. Such prohibited acts include, but are not limited to: 1. Sexual or romantic invitations 2. Dating or soliciting dates 3. Engaging in sexualized or romantic dialogue 4. Making sexually suggestive comments 5. Self-disclosure or physical exposure of a sexual, romantic or erotic nature 6. Any sexual, indecent, romantic, or erotic contact with the child or student
• Causing the death of the child through any act or failure to act. • Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7102) Child abuse also includes certain acts in which the act itself constitutes abuse without any resulting injury or condition. These acts include any of the following: 4 • Kicking, biting, throwing, burning, stabbing, or cutting a child in a manner that endangers the child. • Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement. • Forcefully shaking a child under one year of age. • Forcefully slapping or otherwise striking a child under one year of age. • Interfering with the breathing of a child. • Causing a child to be present during the operation of a methamphetamine laboratory, provided that the violation is being investigated by law enforcement. • Leaving a child unsupervised with an individual, other than the child’s parent, who the parent knows or reasonably should have known was required to register as a Tier II or III sexual offender or has been determined to be a sexually violent predator or sexually violent delinquent.
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Serious physical neglect: any of the following when committed by a perpetrator that endangers a child’s life or health, threatens a child’s well-being, causes bodily injury or impairs a child’s health, development or functioning: ° A repeated, prolonged or egregious failure to supervise a child in a manner that is appropriate considering the child’s developmental age and abilities. ° The failure to provide a child with adequate essentials of life, including food, shelter or medical care. Sexual abuse or exploitation: any of the following: ° The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following: − Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual. − Participating in sexually explicit conversation either in person, by telephone, by computer, or by a computer- aided device for the purpose of sexual stimulation or gratification of any individual. − Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual. − Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming. − Note: this paragraph does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child’s age. ° Any of the following offenses committed against a child: − Rape as defined in (18 Pa.C.S. § 3121) − Statutory sexual assault as defined in (18 Pa.C.S. § 3122.1) − Involuntary deviate sexual intercourse as defined in (18 Pa.C.S. § 3123) − Sexual assault as defined in (18 Pa.C.S. § 3124.1) − Institutional sexual assault as defined in (18 Pa.C.S. § 3124.2) − Aggravated indecent assault as defined in (18 Pa.C.S. § 3125) − Indecent assault as defined in (18 Pa.C.S. § 3126)
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Human Trafficking: defined as: 1. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or 2. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. Sex Trafficking: The term “sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
Specific Acts of Child Abuse Defined in Detail: 4
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Bodily Injury: impairment of a physical condition or substantial pain rather than severe pain or lasting impairment Serious bodily injury: bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of function of any bodily member or organ. Serious mental injury: a psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that: ° Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child’s life or safety is threatened; or ° Seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks.
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Important Changes Made to Specific Definitions of Child Abuse in Pennsylvania
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Restatement of Culpability The definition of child abuse has been amended to require that acts or failures to act be committed intentionally, knowingly, or recklessly. Conduct that causes injury or harm to a child or creates a risk of injury or harm to a child shall not be considered child abuse if there is no evidence that the person acted intentionally, knowingly, or recklessly when causing injury or harm to the child or creating a risk of injury or harm to the child.
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