PRINTER'S NO. 2415
No. 1932 Session of 1999
INTRODUCED BY RUFFING, YUDICHAK, SOLOBAY, DeWEESE, BEBKO-JONES, BELARDI, BELFANTI, BROWNE, BUNT, CASORIO, M. COHEN, COSTA, DeLUCA, DERMODY, FAIRCHILD, FRANKEL, GIGLIOTTI, GRUCELA, HARHAI, KAISER, LAUGHLIN, MANN, MARKOSEK, MELIO, MICHLOVIC, R. MILLER, PETRARCA, PLATTS, PRESTON, READSHAW, ROONEY, SCHRODER, SEYFERT, SHANER, STABACK, STEELMAN, E. Z. TAYLOR, J. TAYLOR, TRELLO, VAN HORNE, WALKO, WILLIAMS, WOJNAROSKI AND YOUNGBLOOD, OCTOBER 6, 1999
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 6, 1999
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
1 of the first degree. 2 § 3126. Indecent assault. 3 (a) Offense defined.--A person who has indecent contact with 4 the complainant or causes the complainant to have indecent 5 contact with the person is guilty of indecent assault if: 6 (1) the person does so without the complainant's 7 consent; 8 (2) the person does so by forcible compulsion; 9 (3) the person does so by threat of forcible compulsion 10 that would prevent resistance by a person of reasonable 11 resolution; 12 (4) the complainant is unconscious or the person knows 13 that the complainant is unaware that the indecent contact is 14 occurring; 15 (5) the person has substantially impaired the 16 complainant's power to appraise or control his or her conduct 17 by administering or employing, without the knowledge of the 18 complainant, drugs, intoxicants or other means for the 19 purpose of preventing resistance; 20 (6) the complainant suffers from a mental disability 21 which renders him or her incapable of consent; 22 (7) the complainant is less than 13 years of age; [or] 23 (8) the complainant is less than 16 years of age and the 24 person is four or more years older than the complainant and 25 the complainant and the person are not married to each other; 26 or 27 (9) the complainant is a care-dependent person as 28 defined in section 2713 (relating to neglect of care- 29 dependent person). 30 (b) Grading.--Indecent assault under subsection (a)(7) [is a 19990H1932B2415 - 2 -
1 misdemeanor] and (9) are misdemeanors of the first degree.
2 Otherwise, indecent assault is a misdemeanor of the second
3 degree.
4 Section 2. This act shall take effect in 60 days.
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