1103 Diversionary program for transmission of sexually explicit images by minors: local rule 301; No. AD-1-2015

FAYETTE COUNTY

Diversionary Program for Transmission of Sexually Explicit Images by Minors: Local Rule 301; No. AD-1-2015

[45 Pa.B. 2827]
[Saturday, June 13, 2015]

Order

 And Now, this 15th day of May, pursuant to Rule 105 the Pennsylvania Rules of Criminal Procedure, it is ordered that Local Rule 301, the Diversionary Program for Transmission of Sexually Explicit Images by Minors, is hereby adopted to read as follows.

 The Clerk of Courts is directed as follows:

 (1) One certified copy of Local Rule 301 shall be filed with the Administrative Office of Pennsylvania Courts.

 (2) Two certified copies and diskette of Local Rule 301 shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 (3) One certified copy shall be sent to the Fayette County Law Library and to the Editor of the Fayette Legal Journal.

 The District Court Administrator shall publish a copy of Local Rule 301 on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

 Local Rule 301, the Diversionary Program for Transmission of Sexually Explicit Images by Minors shall be effective 30 days after the date of publication in the Pennsylvania Bulletin.

By the Court

JOHN F. WAGNER, Jr., 
President Judge

Rule 301. Diversionary Program for Transmission of Sexually Explicit Images by Minors.

 The Court hereby recognizes the Fayette County Diversionary Program for Transmission of Sexually Explicit Images by Minors as a dispositional alternative for the summary offense enumerated at 18 Pa.C.S.A. § 6321(a) and as authorized by 18 Pa.C.S.A. § 6321(f) and Pennsylvania Rule of Criminal Procedure Rule 300.

 The conditions and parameters of this program shall be governed by the Crime Victims' Center of Fayette County and must include an educational training session of not less than two hours regarding the legal and nonlegal consequences of sharing sexually explicit images. Diversion into the program may only be authorized by a magisterial district judge or other judicial authority with jurisdiction over the violation.

 All costs and administrative expenses associated with the diversionary program shall be the responsibility of the defendant. If the defendant successfully completes the diversionary program, the defendant's records of the charge of violating 18 Pa.C.S.A. § 6321(a) shall be expunged.

[Pa.B. Doc. No. 15-1103. Filed for public inspection June 12, 2015, 9:00 a.m.]