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                                                       PRINTER'S NO. 194

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 194 Session of 1989


        INTRODUCED BY GREENLEAF, HELFRICK, SALVATORE, AFFLERBACH, LEWIS,
           PECORA, PETERSON, REIBMAN, O'PAKE, GREENWOOD AND SHUMAKER,
           JANUARY 23, 1989

        REFERRED TO JUDICIARY, JANUARY 23, 1989

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the offense of
     3     rape.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 3121 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 3121.  Rape.
     9     A person commits a felony of the first degree when he engages
    10  in sexual intercourse with another person not his spouse:
    11         (1)  by forcible compulsion;
    12         (2)  by threat of forcible compulsion that would prevent
    13     resistance by a person of reasonable resolution;
    14         (3)  who is unconscious; [or]
    15         (4)  who is so mentally deranged or deficient that such
    16     person is incapable of consent[.]; or
    17         (5)  who is a child ten years of age or younger.
    18  Whenever the term "rape" is used in this title or any other

     1  title, it is deemed to include spousal sexual assault as further
     2  defined in section 3128 (relating to spousal sexual assault).
     3     Section 2.  This act shall take effect in 60 days.


















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