PRIOR PRINTER'S NOS. 1278, 1419 PRINTER'S NO. 1485
No. 1047 Session of 1999
INTRODUCED BY HELFRICK, JULY 8, 1999
AS AMENDED ON THIRD CONSIDERATION, NOVEMBER 9, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for institutional
3 sexual assault.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3124.2 of Title 18 of the Pennsylvania
7 Consolidated Statutes, added December 21, 1998 (P.L.1240, <--
8 No.157), is amended to read:
9 § 3124.2. Institutional sexual assault.
10 (a) General rule.--[A] EXCEPT AS PROVIDED IN SUBSECTION <--
11 (A.1), A person who is an employee or agent of the Department of
12 Corrections or a county correctional authority, youth
13 development center, State or county juvenile detention facility,
14 other licensed residential facility serving children and youth,
15 or mental health or mental retardation facility or institution
16 commits a [misdemeanor] FELONY of the [first] THIRD degree if <--
17 the person engages in sexual intercourse, deviate sexual
18 intercourse or indecent contact with an inmate, patient or
1 resident.
2 (A.1) SCOPE.--THIS SECTION APPLIES TO ACTS BY EMPLOYEES OR <--
3 AGENTS OF THE DEPARTMENT OR A COUNTY CORRECTIONAL AUTHORITY,
4 YOUTH DEVELOPMENT CENTER, STATE OR COUNTY JUVENILE DETENTION
5 FACILITY, OTHER LICENSED RESIDENTIAL FACILITY SERVING CHILDREN
6 AND YOUTH OR MENTAL HEALTH OR MENTAL RETARDATION FACILITY OR
7 INSTITUTION WHICH ARE NOT PUNISHABLE UNDER SECTION 3121
8 (RELATING TO RAPE) OR 3123 (RELATING TO INVOLUNTARY DEVIATE
9 SEXUAL INTERCOURSE).
10 (b) Definition.--As used in this section, the term "agent"
11 means a person who is assigned to work in a State or county
12 correctional or juvenile detention facility, a youth development
13 center, other licensed residential facility serving children and
14 youth, or mental health or mental retardation facility or
15 institution who is employed by any State or county agency or any
16 person employed by an entity providing contract services to the
17 [Department of Corrections or county correctional authority]
18 agency.
19 Section 2. This act shall take effect immediately.
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