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  PENNSYLVANIA

PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 18. CRIMES AND OFFENSES
PART II. DEFINITION OF SPECIFIC OFFENSES

CHAPTER 31. SEXUAL OFFENSES
Subchapter B. Definition Of Offenses

3127. Indecent exposure.

(a) Offense defined.--A person commits indecent exposure if that person exposes his or her genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm.

(b) Grading.--If the person knows or should have known that any of the persons present are less than 16 years of age, indecent exposure under subsection (a) is a misdemeanor of the first degree. Otherwise, indecent exposure under subsection (a) is a misdemeanor of the second degree.

(Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)

       1995 Amendment. Section 18 of Act 10, 1st Sp.Sess., provided that the amendment of section 3127 shall apply to offenses committed on or after the effective date of Act 10.
      
       Cross References. Section 3127 is referred to in sections 5303, 6344 of Title 23 (Domestic Relations); section 5552 of Title 42 (Judiciary and Judicial Procedure).
 

    [NAC NOTE: Prior to 1995, section 3127 (above) and section 5901 (below) were distinguished from one another by the fact that the former definition of indecent exposure ( 3127) required that the "indecent" act be for the purpose of sexual gratification andthat it be performed in the presence of a person other than the spouse of the "actor". Despite remaining differences, a change to the definition of the offense in 3127 has made the two offenses similar in the minds of some law enforcement agents. Today, mere nudity is more commonly charged under 3127.]
     

CHAPTER 59. PUBLIC INDECENCY

5901. Open lewdness.

A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed.

    [NAC NOTE: Open lewdness is a third degree misdemeanor.]

    [NAC NOTE: PENALTIES

  • A crime is a misdemeanor of the first degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than five years.
     
  • A crime is a misdemeanor of the second degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than two years.
     
  • A crime is a misdemeanor of the third degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than one year.
     
  • A crime declared to be a misdemeanor, without specification of degree, is of the third degree.
     

CHAPTER 63. MINORS

6318. Unlawful contact or communication with minor.

(a) Offense defined.-A person whether within or without this Commonwealth commits an offense if he, knowing that he is contacting or communicating with a minor within this Commonwealth, intentionally contacts or communicates with that minor for the purpose of engaging in activity prohibited under any of the following:

   1. Any of the offenses enumerated in Chapter 31 (relating to sexual offenses).
   2. Open lewdness as defined in section 5901 (relating to open lewdness).
   3. Prostitution as defined in section 5902 (relating to prostitution and related offenses).
   4. Obscene and other sexual materials and performances as defined in section 5903 (relating to obscene and other sexual materials and performances).
   5. Sexual abuse of children as defined in section 6312 (relating to sexual abuse of children).

(b) Grading.-A violation of subsection (a) is:

   1. an offense of the same grade and degree as the most serious underlying offense in subsection (a) for which the defendant contacted or communicated with the minor; and
   2. a misdemeanor of the first degree;

whichever is greater.

(c) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Contacts or communicates with."
   Direct or indirect contact or communication by any means, method or device, including contact or communication in person or through an agent or agency, through any print medium, the mails, a common carrier or communication common carrier, any electronic communication system and any telecommunications, wire, computer or radio communications device or system.

"Minor."
   An individual under 18 years of age.
 

CHAPTER 55. RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES

5503. Disorderly conduct.

(a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

  1. engages in fighting or threatening, or in violent or tumultuous behavior;
  2. makes unreasonable noise;
  3. uses obscene language, or makes an obscene gesture; or
  4. creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

(b) Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.

(c) Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.

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PENNSYLVANIA CODE
TITLE 17
CONSERVATION AND NATURAL RESOURCES
CHAPTER 21. GENERAL PROVISIONS

 21.74. Disorderly conduct.

The following are prohibited:

(1) Fighting or other behavior that is threatening, violent or tumultuous.

(2) The possession or consumption of alcoholic beverages by persons under 21 years of age.

(3) Creating an unreasonable noise that may disturb other visitors to State Forest land.

Source
The provisions of this 21.74 adopted December 4, 1998, effective December 5, 1998, 28 Pa.B. 6039.


PENNSYLVANIA CODE
TITLE 17
CONSERVATION AND NATURAL RESOURCES
CHAPTER 23. STATE FOREST PICNIC AREAS

 23.24. Disorderly, indecent or obscene or lewd conduct.

Disorderly conduct, indecent exposure, and obscene or lewd acts or dress is prohibited.

Authority
The provisions of this Chapter 23 issued under section 1920-A of The Administrative Code of 1929 (71 P. S.  510-20 (repealed in part)); and the Crimes Code, 18 Pa.C.S.  7505 and 7506; amended under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S.  1340.302, 1340.313 and 1340.502), unless otherwise noted.
Source
The provisions of this Chapter 23 adopted August 31, 1979, effective September 1, 1979; renumbered from 25 Pa. Code Chapter 52, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707; amended January 3, 2003, effective January 4, 2003, 33 Pa.B. 221, unless otherwise noted. Immediately preceding text appears at serial pages (217095) to (217099).

Editor's Note
The provisions of this Chapter 23 were originally promulgated by the Environmental Quality Board for the Department of Environmental Resources under section 1920-A of The Administrative Code of 1929 (71 P. S.  510-20 (Repealed in part)). Under the Conservation and Natural Resources Act, the act of June 28, 1995 (P. L. 89, No. 18) (71 P. S.  1340.101 -1340.1103), the functions of the Department of Environmental Resources and the Environmental Quality Board relating to the subject matter of this chapter and the authority to promulgate regulations in furtherance thereof were transferred to the Department of Conservation and Natural Resources.)

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