PRINTER'S NO. 1688
No. 1400 Session of 2005
INTRODUCED BY O'BRIEN, BAKER, BASTIAN, BELFANTI, BOYD, BUXTON,
CALTAGIRONE, CAPPELLI, CORRIGAN, CRAHALLA, CREIGHTON, CRUZ,
DALLY, DeLUCA, DiGIROLAMO, EACHUS, J. EVANS, GEIST, GEORGE,
GERGELY, GILLESPIE, GINGRICH, GOOD, GOODMAN, GRELL, GRUCELA,
HARHAI, HARHART, HARRIS, HESS, M. KELLER, KOTIK, LEACH,
LEDERER, MANN, MARSICO, McILHATTAN, McNAUGHTON, MELIO,
MILLARD, MUSTIO, PETRI, PHILLIPS, READSHAW, REICHLEY, ROONEY,
SAINATO, SCHRODER, STABACK, E. Z. TAYLOR, TIGUE, TRUE, WALKO
AND WILT, APRIL 14, 2005
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 14, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for indecent
3 assault.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3126 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3126. Indecent assault.
9 (a) Offense defined.--A [person who has indecent contact
10 with the complainant or causes the complainant to have indecent
11 contact with the] person is guilty of indecent assault if the
12 person has indecent contact with the complainant, causes the
13 complainant to have indecent contact with the person or
14 intentionally causes the complainant to come into contact with
15 seminal fluid, urine or feces for the purpose of arousing sexual
1 desire in the person or the complainant and:
2 (1) the person does so without the complainant's
3 consent;
4 (2) the person does so by forcible compulsion;
5 (3) the person does so by threat of forcible compulsion
6 that would prevent resistance by a person of reasonable
7 resolution;
8 (4) the complainant is unconscious or the person knows
9 that the complainant is unaware that the indecent contact is
10 occurring;
11 (5) 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 (6) the complainant suffers from a mental disability
17 which renders [him or her] the complainant incapable of
18 consent;
19 (7) the complainant is less than 13 years of age; or
20 (8) the complainant is less than 16 years of age and the
21 person is four or more years older than the complainant and
22 the complainant and the person are not married to each other.
23 (b) Grading.--Indecent assault [under subsection (a)(7) is a
24 misdemeanor of the first degree. Otherwise, indecent assault is
25 a misdemeanor of the second degree.] shall be graded as follows:
26 (1) An offense under subsection(a)(1) or (8) is a
27 misdemeanor of the second degree.
28 (2) An offense under subsection(a)(2), (3), (4), (5) or
29 (6) is a misdemeanor of the first degree.
30 (3) An offense under subsection(a)(7) is a misdemeanor
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1 of the first degree unless any of the following apply, in
2 which case it is a felony of the third degree:
3 (i) It is a second or subsequent offense.
4 (ii) There has been a course of conduct of indecent
5 assault by the person.
6 (iii) The indecent assault was committed by touching
7 the complainant's sexual or intimate parts with sexual or
8 intimate parts of the person.
9 (iv) The indecent assault is committed by touching
10 the person's sexual or intimate parts with the
11 complainant's sexual or intimate parts.
12 Section 2. This act shall take effect in 60 days.
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