‘Child sexual abuse material’ bill becomes law with Shapiro’s support despite ‘technical defect’

Gov. Josh Shapiro on Saturday, July 20 said he was allowing a bill to protect children from obscene material including depictions of children being sexually abused to become law without his signature.

Senate Bill 187 passed unanimously in the state House on July 3 and was presented to Shapiro to sign on July 9. Citing a technical error in the bill, Shapiro said he could not sign the legislation but because he agrees with its intent, he would allow it to lapse into law.

The Pennsylvania Constitution provides that if the governor does not sign or veto a bill approved by the General Assembly within 10 days, it will become law without the governor’s signature.

S.B. 187 amends the Child Internet Protection Act, enacted in 2004, to replace the term “child pornography” with the term “child sexual abuse material.” The law requires public schools and libraries to take measures to prevent children from accessing obscene material including that involving minors being sexually abused.

In a statement, the bill’s prime sponsor, Sen. Judy Ward (R-Blair), said the legislation and a companion bill, S.B. 186, implemented the recommendation by the Child Pornography Task Force of the Pennsylvania Commission on Crime and Delinquency to replace the phrase “child pornography” with the phrase “child sexual abuse material” in the Child Internet Protection Act and the Crimes Code.

“The phrase ‘child pornography’ fails to adequately capture what is contained in the images or film, whereas ‘child sexual abuse material’ specifically identifies the child as a victim of sexual abuse that has been captured in still photographs or videos,” Ward’s statement said.

Shapiro, however, said he could not sign S.B. 187 because it refers to the Crimes Code for the definition of “child sexual abuse material.” S.B. 186, which would amend the Crimes Code to include the definition, has not passed in the General Assembly.

“I fully support the intent of Senate Bill 187, which is why I am allowing it to lapse into law. However, due to the bill’s technical defect, I cannot attach my signature,” Shapiro said in a statement.

S.B. 186 passed in the House on July 3 with a 144-58 vote, but because it was amended in the lower chamber, the Senate must vote to concur in the changes.

“While the General Assembly works to correct the technical defect, I urge school districts and public libraries to maintain the status quo and continue enforcing their existing internet acceptable use policies,” Shapiro’s statement said.