PRINTER'S NO. 1106
No. 985 Session of 1997
INTRODUCED BY COSTA, MELLOW, BELAN, HART, WENGER, SALVATORE,
KASUNIC, AFFLERBACH, HELFRICK, TOMLINSON, GERLACH, ROBBINS,
DELP, SCHWARTZ, RHOADES, STAPLETON, EARLL AND SLOCUM,
MAY 14, 1997
REFERRED TO JUDICIARY, MAY 14, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting unauthorized
3 administration of an intoxicant; and providing for additional
4 penalties for certain drug-induced rape.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 2714. Unauthorized administration of intoxicant.
10 A person commits a misdemeanor of the first degree when he or
11 she substantially impairs the complainant's power to appraise or
12 control his or her conduct by administering, without the
13 knowledge of the complainant, drugs or other intoxicants. It
14 shall be a defense to a prosecution under this section if the
15 person proves by a preponderance of the evidence that the
16 complainant knowingly continued to consume the drugs or other
17 intoxicants after their initial administration.
18 Section 2. Section 3121 of Title 18 is amended to read:
1 § 3121. Rape.
2 (a) Offense defined.--A person commits a felony of the first
3 degree when he or she engages in sexual intercourse with a
4 complainant:
5 (1) By forcible compulsion.
6 (2) By threat of forcible compulsion that would prevent
7 resistance by a person of reasonable resolution.
8 (3) Who is unconscious or where the person knows that
9 the complainant is unaware that the sexual intercourse is
10 occurring.
11 (4) Where the person has substantially impaired the
12 complainant's power to appraise or control his or her conduct
13 by administering or employing, without the knowledge of the
14 complainant, drugs, intoxicants or other means for the
15 purpose of preventing resistance.
16 (5) Who suffers from a mental disability which renders
17 the complainant incapable of consent.
18 (6) Who is less than 13 years of age.
19 (b) Additional penalties.--In addition to the penalty
20 provided for by subsection (a), a person may be sentenced to an
21 additional term not to exceed ten years' confinement and an
22 additional amount not to exceed $100,000 where the person
23 engages in sexual intercourse with a complainant and has
24 substantially impaired the complainant's power to appraise or
25 control his or her conduct by administering or employing,
26 without the knowledge of the complainant, any substance for the
27 purpose of preventing resistance through the inducement of
28 euphoria, memory loss and any other effect of this substance.
29 Section 3. This act shall take effect in 60 days.
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