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PRINTER'S NO. 1788
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1531
Session of
2025
INTRODUCED BY SHUSTERMAN, HILL-EVANS, M. MACKENZIE, PROBST,
SANCHEZ, CEPEDA-FREYTIZ AND D. WILLIAMS, MAY 30, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MAY 30, 2025
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 the offense of child
torture if that person intentionally or knowingly engages in a
course of conduct against a child that includes more than one of
the following:
(1) Torture.
(2) Physical assault.
(3) Unreasonable or extended confinement or restraint.
(4) Unreasonable or extended activity or forced holding
of position.
(5) Intentional failure to provide care, protection or
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support.
(b) Grading.--An offense under this section shall be a
felony of the first degree.
(c) Evidence and defenses.--
(1) Expert testimony as to the existence or extent of
mental anguish or psychological abuse shall not be a
requirement for a conviction under this section.
(2) It shall not be a defense that a child has a
particular susceptibility to mental anguish or psychological
abuse.
(3) Evidence that the child suffered pain shall not be
required to sustain a conviction.
(d) Exception.--Subsection (a) shall not apply to any action
of a parent or guardian or other person similarly responsible
for the general care and supervision of a child or a person
acting at the request of the parent, guardian or other
responsible adult if:
(1) the action is used for the purpose of safeguarding
or promoting the welfare of the child, including preventing
misbehavior or punishment of the child's misbehavior; and
(2) the action is not designed to cause or known to
create substantial risk of death, serious bodily injury,
disfigurement, extreme or unnecessary pain or mental
distress, gross degradation or humiliation.
(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." A person under 18 years of age when the course of
conduct under subsection (a) begins.
"Torture." Causing bodily injury or serious bodily injury as
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defined in section 2301 (relating to definitions) or acting in
an especially depraved manner to create a substantial and
unjustifiable risk of mental or psychological harm.
Section 2. This act shall take effect in 60 days.
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