PRINTER'S NO. 1390
No. 1028 Session of 2005
INTRODUCED BY COSTA, O'PAKE, BOSCOLA, ERICKSON, FONTANA, BROWNE, KITCHEN, WOZNIAK, LAVALLE, STACK AND RHOADES, NOVEMBER 22, 2005
REFERRED TO JUDICIARY, NOVEMBER 22, 2005
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for the offenses of luring a
4 child into a motor vehicle, indecent assault, incest and
5 unlawful contact with a minor; and providing for sentencing
6 enhancements for individuals convicted of sex crimes.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 2910, 3126(b), 4302 and 6318(b) of Title
10 18 of the Pennsylvania Consolidated Statutes are amended to
11 read:
12 § 2910. Luring a child into a motor vehicle.
13 A person who lures a child into a motor vehicle without the
14 consent, express or implied, of the child's parent or guardian,
15 unless the circumstances reasonably indicate that the child is
16 in need of assistance, commits a [misdemeanor of the first]
17 felony of the third degree.
18 § 3126. Indecent assault.
19 * * *
1 (b) Grading.--Indecent assault under subsection (a)(7) is a 2 [misdemeanor of the first] felony of the third degree. 3 Otherwise, indecent assault is a misdemeanor of the second 4 degree. 5 § 4302. Incest. 6 (a) Definition.--A person is guilty of incest[, a felony of 7 the second degree,] if that person knowingly marries or cohabits 8 or has sexual intercourse with an ancestor or descendant, a 9 brother or sister of the whole or half blood or an uncle, aunt, 10 nephew or niece of the whole blood. The relationships referred 11 to in this section include blood relationships without regard to 12 legitimacy, and relationship of parent and child by adoption. 13 (b) Grading.-- 14 (1) An individual who commits incest with an individual 15 under 16 years of age commits a felony of the first degree. 16 (2) In all other cases, incest shall be a felony of the 17 second degree. 18 § 6318. Unlawful contact with minor. 19 * * * 20 (b) Grading.--A violation of subsection (a) is: 21 (1) an offense of the same grade and degree as the most 22 serious underlying offense in subsection (a) for which the 23 defendant contacted the minor; or 24 (2) a [misdemeanor of the first] felony of the third 25 degree; 26 whichever is greater. 27 * * * 28 Section 2. Chapter 97 of Title 42 is amended by adding a 29 subchapter to read: 30 SUBCHAPTER I 20050S1028B1390 - 2 -
1 SENTENCING OF INDIVIDUALS 2 CONVICTED OF SEX CRIMES 3 Sec. 4 9799.21. Definitions. 5 9799.22. Sentencing. 6 9799.23. Second and subsequent offenses. 7 § 9799.21. Definitions. 8 The following words and phrases when used in this subchapter 9 shall have the meanings given to them in this section unless the 10 context clearly indicates otherwise: 11 "Sex crime." Any of the following offenses: 12 18 Pa.C.S. § 2901 (relating to kidnapping) where the 13 victim is a minor. 14 18 Pa.C.S. § 2910 (relating to luring a child into a 15 motor vehicle). 16 18 Pa.C.S. § 3121 (relating to rape). 17 18 Pa.C.S. § 3122.1 (relating to statutory sexual 18 assault) where the victim is under 13 years of age, or has 19 suffered serious bodily injury as a result of a crime, where 20 the individual used a deadly weapon or threatened to use a 21 deadly weapon in the commission of the offense or where the 22 individual has substantially impaired the victim's ability to 23 appraise or control the victim's conduct by administering or 24 employing, without the knowledge of the victim, drugs, 25 intoxicants or other means for the purpose of preventing 26 resistance. 27 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual 28 intercourse). 29 18 Pa.C.S. § 3124.1 (relating to sexual assault). 30 18 Pa.C.S. § 3124.2 (relating to institutional sexual 20050S1028B1390 - 3 -
1 assault). 2 18 Pa.C.S. § 3125 (relating to aggravated indecent 3 assault). 4 18 Pa.C.S. § 3126 (relating to indecent assault) where 5 the victim is under 13 years of age. 6 18 Pa.C.S. § 4302 (relating to incest) where the victim 7 is under 16 years of age. 8 18 Pa.C.S. § 5902(b) (relating to prostitution and 9 related offenses) where the actor promotes the prostitution 10 of a minor. 11 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to 12 obscene and other sexual materials and performances) where 13 the victim is a minor. 14 18 Pa.C.S. § 6312 (relating to sexual abuse of children). 15 18 Pa.C.S. § 6318 (relating to unlawful contact with 16 minor). 17 18 Pa.C.S. § 6320 (relating to sexual exploitation of 18 children). 19 § 9799.22. Sentencing. 20 (a) Felony of first degree.--Notwithstanding any provision 21 of law to the contrary, the following apply to an individual who 22 commits a sex crime that is a felony of the first degree: 23 (1) An individual shall be sentenced to a term of 24 imprisonment not less than ten years but not more than 30 25 years. 26 (2) An individual shall be sentenced to a term of 27 imprisonment not less than 15 years but not more than 40 28 years if any of the following apply: 29 (i) The victim is over 60 years of age. 30 (ii) The victim has suffered serious bodily injury 20050S1028B1390 - 4 -
1 as a result of the crime. 2 (iii) The individual used a deadly weapon or 3 threatened to use a deadly weapon in the commission of 4 the offense. 5 (iv) The individual has substantially impaired the 6 victim's ability to appraise or control the victim's 7 conduct by administering or employing, without the 8 knowledge of the victim, drugs, intoxicants or other 9 means for the purpose of preventing resistance. 10 (3) An individual shall be sentenced to a term of 11 imprisonment not less than 25 years but not more than 50 12 years if all of the following apply: 13 (i) The victim is under 13 years of age at the time 14 of the offense. 15 (ii) The individual commits any sex crime which is 16 also a felony of the first degree except for an offense 17 under 18 Pa.C.S. § 2901 (relating to kidnapping). 18 (4) An individual may be sentenced to a term of life 19 imprisonment if all of the following apply: 20 (i) The offense is a violation of 18 Pa.C.S. § 3121 21 (relating to rape) or 3123 (relating to involuntary 22 deviate sexual intercourse). 23 (ii) The victim is under 13 years of age at the time 24 of the offense. 25 (iii) The victim suffers serious bodily injury as a 26 result of the crime. 27 (b) Felony of second degree.--Notwithstanding any provision 28 of law to the contrary, an individual who commits a sex crime 29 that is a felony of the second degree shall be sentenced as 30 follows: 20050S1028B1390 - 5 -
1 (1) To a term of imprisonment not less than five years 2 but not more than 20 years. 3 (2) To a term of imprisonment not less than ten years 4 but not more than 30 years if any of the following apply: 5 (i) The victim is under 13 years of age or over 60 6 years of age. 7 (ii) The victim has suffered serious bodily injury 8 as a result of the crime. 9 (iii) The individual used a deadly weapon in the 10 commission of the offense. 11 (iv) The individual has substantially impaired the 12 victim's ability to appraise or control the victim's 13 conduct by administering or employing, without the 14 knowledge of the victim, drugs, intoxicants or other 15 means for the purpose of preventing resistance. 16 (c) Felony of third degree.--Notwithstanding any provision 17 of law to the contrary, an individual who commits a sex crime 18 that is a felony of the third degree shall be sentenced as 19 follows: 20 (1) To a term of imprisonment not less than 42 months 21 but not more than 15 years. 22 (2) To a term of imprisonment not less than seven years 23 but not more than 25 years if any of the following apply: 24 (i) The victim is under 13 years of age or over 60 25 years of age. 26 (ii) The victim has suffered serious bodily injury 27 as a result of the crime. 28 (iii) The individual used a deadly weapon or 29 threatened to use a deadly weapon in the commission of 30 the offense. 20050S1028B1390 - 6 -
1 (iv) The individual has substantially impaired the 2 victim's ability to appraise or control the victim's 3 conduct by administering or employing, without the 4 knowledge of the victim, drugs, intoxicants or other 5 means for the purpose of preventing resistance. 6 § 9799.23. Second and subsequent offenses. 7 (a) Certain first degree felony repeat offenses.-- 8 Notwithstanding any provision of law to the contrary: 9 (1) An individual who is convicted of a crime punishable 10 under section 9799.22(a) (relating to sentencing) shall, if 11 at the time of conviction the individual has been previously 12 convicted of a crime punishable under section 9799.22(a) or 13 (b), be sentenced to a term of imprisonment of not less than 14 25 years but not more than 50 years. However, the sentencing 15 court may impose a term of life imprisonment without 16 eligibility for parole. 17 (2) An individual who is convicted of a crime punishable 18 under section 9799.22(a) shall, if at the time of conviction 19 the individual has been previously convicted of two or more 20 crimes punishable under section 9799.22(a) or (b), be 21 sentenced to a term of life imprisonment and shall not be 22 eligible for parole. 23 (b) Certain second degree felony repeat offenses.-- 24 Notwithstanding any provision of law to the contrary: 25 (1) An individual who is convicted of a crime punishable 26 under section 9722.22(b) shall, if at the time of conviction 27 the individual has been previously convicted of a crime 28 punishable under section 9799.22(a) or (b), be sentenced to a 29 term of imprisonment of not less than 15 years but not more 30 than 30 years. However, the sentencing court may impose a 20050S1028B1390 - 7 -
1 term of life imprisonment without eligibility for parole. 2 (2) An individual who is convicted of a crime punishable 3 under 9799.22(b) shall, if at the time of conviction the 4 individual has been previously convicted of two or more 5 crimes punishable under section 9799.22(a) or (b), be 6 sentenced to a term of life imprisonment and shall not be 7 eligible for parole. 8 (c) Certain third degree felony repeat offenses.-- 9 Notwithstanding any provision of law to the contrary: 10 (1) An individual who is convicted of a crime punishable 11 under section 9799.22(c) shall, if at the time of conviction 12 the individual has been previously convicted of a crime 13 punishable under section 9799.22(a) or (b), be sentenced to a 14 term of imprisonment of not less than 12 years, six months, 15 but not more than 35 years. 16 (2) An individual who is convicted of a crime punishable 17 under section 9799.22(c) shall, if at the time of conviction 18 the individual has been previously convicted of a crime 19 punishable under section 9799.22(c), be sentenced to a term 20 of imprisonment of not less than ten years but not more than 21 25 years. 22 (3) An individual who is convicted of a crime punishable 23 under section 9799.22(c) shall, if at the time of conviction 24 the individual has been previously convicted of two or more 25 sex crimes, at least one of which is punishable under section 26 9799.22(a) or (b), be sentenced to a term of imprisonment of 27 not less than 40 years but not more than 80 years. 28 (4) An individual who is convicted of a crime punishable 29 under section 9799.22(c) shall, if at the time of conviction 30 the individual has been previously convicted of two or more 20050S1028B1390 - 8 -
1 sex crimes, all of which are punishable under section 2 9799.22(c), be sentenced to a term of imprisonment of not 3 less than 25 years but not more than 50 years. 4 Section 3. This act shall take effect immediately. I19L18BIL/20050S1028B1390 - 9 -