PRINTER'S NO. 2320
No. 1805 Session of 2001
INTRODUCED BY RUFFING, WALKO, WOJNAROSKI, BELARDI, BELFANTI, BROWNE, CALTAGIRONE, CAPPELLI, DeLUCA, FAIRCHILD, FRANKEL, HARHAI, HORSEY, MELIO, R. MILLER, J. WILLIAMS, PALLONE, READSHAW, ROHRER, RUBLEY, SHANER, SOLOBAY, STABACK, STEELMAN, TANGRETTI, WATSON, YOUNGBLOOD, YUDICHAK AND WATERS, JUNE 19, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 2001
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for the grading of 3 the offenses of sexual assault and indecent assault. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Sections 3124.1 and 3126 of Title 18 of the 7 Pennsylvania Consolidated Statutes are amended to read: 8 § 3124.1. Sexual assault. 9 Except as provided in section 3121 (relating to rape) or 3123 10 (relating to involuntary deviate sexual intercourse), a person 11 commits a felony of the second degree when that person engages 12 in sexual intercourse or deviate sexual intercourse with a 13 complainant without the complainant's consent. Sexual assault 14 committed upon a care-dependent person as defined in section 15 2713 (relating to neglect of care-dependent person) is a felony 16 of the first degree.
1 § 3126. Indecent assault. 2 (a) Offense defined.--A person who has indecent contact with 3 the complainant or causes the complainant to have indecent 4 contact with the person is guilty of indecent assault if: 5 (1) the person does so without the complainant's 6 consent; 7 (2) the person does so by forcible compulsion; 8 (3) the person does so by threat of forcible compulsion 9 that would prevent resistance by a person of reasonable 10 resolution; 11 (4) the complainant is unconscious or the person knows 12 that the complainant is unaware that the indecent contact is 13 occurring; 14 (5) the person has substantially impaired the 15 complainant's power to appraise or control his or her conduct 16 by administering or employing, without the knowledge of the 17 complainant, drugs, intoxicants or other means for the 18 purpose of preventing resistance; 19 (6) the complainant suffers from a mental disability 20 which renders him or her incapable of consent; 21 (7) the complainant is less than 13 years of age; [or] 22 (8) the complainant is less than 16 years of age and the 23 person is four or more years older than the complainant and 24 the complainant and the person are not married to each other; 25 or 26 (9) the complainant is a care-dependent person as 27 defined in section 2713 (relating to neglect of care- 28 dependent person). 29 (b) Grading.--Indecent assault under subsection (a)(7) [is a 30 misdemeanor] and (9) are misdemeanors of the first degree. 20010H1805B2320 - 2 -
1 Otherwise, indecent assault is a misdemeanor of the second 2 degree. 3 Section 2. This act shall take effect in 60 days. A12L18JLW/20010H1805B2320 - 3 -