SENATE AMENDED
PRIOR PRINTER'S NOS. 2939, 3719 PRINTER'S NO. 3765
No. 2153 Session of 1984
INTRODUCED BY SAURMAN, HAGARTY, BUNT, HOEFFEL, NAHILL, GLADECK,
CORNELL, LASHINGER, GODSHALL, McCLATCHY, REBER, SCHULER,
E. Z. TAYLOR, PUNT, BOWSER, McVERRY, CIMINI, MOWERY, KENNEDY,
BOOK, MADIGAN, MERRY, BOYES, ANGSTADT, GRUPPO, LEVIN,
MICHLOVIC, MURPHY, BATTISTO, STEWART, COLE, CESSAR AND
G. SNYDER, MAY 8, 1984
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 28, 1984
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing FURTHER PROVIDING FOR <--
3 MULTIPLE CONVICTIONS OF INCHOATE CRIMES AND FOR AGGRAVATED
4 ASSAULT; AND PROVIDING FOR ASSAULT BY PERSONS IN CUSTODY AND <--
5 for certain missing person reports; PROVIDING FOR THE CRIME <--
6 OF SEXUAL EXPLOITATION OF CHILDREN; AND PROVIDING A PENALTY.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 18 of the Pennsylvania Consolidated <--
10 Statutes is amended by adding a section to read:
11 SECTION 1. SECTIONS 906 AND 2702 OF TITLE 18 OF THE <--
12 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
13 § 906. MULTIPLE CONVICTIONS OF INCHOATE CRIMES BARRED.
14 A PERSON MAY NOT BE CONVICTED OF MORE THAN ONE [OFFENSE
15 DEFINED BY THIS CHAPTER] OF THE INCHOATE CRIMES OF CRIMINAL
16 ATTEMPT, CRIMINAL SOLICITATION OR CRIMINAL CONSPIRACY FOR
17 CONDUCT DESIGNED TO COMMIT OR TO CULMINATE IN THE COMMISSION OF
1 THE SAME CRIME.
2 § 2702. AGGRAVATED ASSAULT.
3 (A) OFFENSE DEFINED.--A PERSON IS GUILTY OF AGGRAVATED
4 ASSAULT IF HE:
5 (1) ATTEMPTS TO CAUSE SERIOUS BODILY INJURY TO ANOTHER,
6 OR CAUSES SUCH INJURY INTENTIONALLY, KNOWINGLY OR RECKLESSLY
7 UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE
8 VALUE OF HUMAN LIFE;
9 (2) ATTEMPTS TO CAUSE OR INTENTIONALLY, KNOWINGLY OR
10 RECKLESSLY CAUSES SERIOUS BODILY INJURY TO A POLICE OFFICER
11 [MAKING OR ATTEMPTING TO MAKE A LAWFUL ARREST] IN THE
12 PERFORMANCE OF DUTY OR TO AN OPERATOR OF A VEHICLE USED IN
13 PUBLIC TRANSPORTATION WHILE OPERATING SUCH A VEHICLE;
14 (3) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY
15 CAUSES BODILY INJURY TO A POLICE OFFICER [MAKING OR
16 ATTEMPTING TO MAKE A LAWFUL ARREST] IN THE PERFORMANCE OF
17 DUTY;
18 (4) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY
19 CAUSES BODILY INJURY TO ANOTHER WITH A DEADLY WEAPON; OR
20 (5) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY
21 CAUSES BODILY INJURY TO A TEACHING STAFF MEMBER, SCHOOL BOARD
22 MEMBER, OTHER EMPLOYEE OR STUDENT OF ANY ELEMENTARY OR
23 SECONDARY PUBLICLY-FUNDED EDUCATIONAL INSTITUTION, ANY
24 ELEMENTARY OR SECONDARY PRIVATE SCHOOL LICENSED BY THE
25 DEPARTMENT OF EDUCATION OR ANY ELEMENTARY OR SECONDARY
26 PAROCHIAL SCHOOL WHILE ACTING IN THE SCOPE OF HIS OR HER
27 EMPLOYMENT OR BECAUSE OF HIS OR HER EMPLOYMENT RELATIONSHIP
28 TO THE SCHOOL.
29 (B) GRADING.--AGGRAVATED ASSAULT UNDER SUBSECTION (A)(1) AND
30 (2) IS A FELONY OF THE [SECOND] FIRST DEGREE. AGGRAVATED ASSAULT
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1 UNDER SUBSECTION (A)(3), (4) AND (5) IS A [MISDEMEANOR OF THE
2 FIRST DEGREE. WHENEVER ANY PERSON HAS BEEN PREVIOUSLY CONVICTED
3 OR ADJUDICATED A DELINQUENT IN THIS COMMONWEALTH FOR THE OFFENSE
4 SET FORTH IN SUBSECTION (A)(5), A SUBSEQUENT PETITION,
5 INDICTMENT OR INFORMATION OF AGGRAVATED ASSAULT UNDER SUBSECTION
6 (A)(5) SHALL BE CLASSIFIED AS A FELONY OF THE THIRD DEGREE]
7 FELONY OF THE SECOND DEGREE.
8 SECTION 2. TITLE 18 IS AMENDED BY ADDING SECTIONS TO READ:
9 § 2703.1. ASSAULT BY PERSON IN CUSTODY.
10 A PERSON WHO IS AWAITING TRIAL IS GUILTY OF A FELONY OF THE
11 SECOND DEGREE IF HE, WHILE CONFINED OR UNDERGOING TRANSPORTATION
12 TO OR FROM ANY DETENTION FACILITY, JAIL, PRISON OR OTHER
13 CORRECTIONAL FACILITY LOCATED IN THIS COMMONWEALTH,
14 INTENTIONALLY OR KNOWINGLY COMMITS AN ASSAULT UPON A
15 CORRECTIONAL OFFICER, LAW ENFORCEMENT OFFICER OR SHERIFF WITH A
16 DEADLY WEAPON OR INSTRUMENT, OR BY ANY MEANS OR FORCE LIKELY TO
17 PRODUCE SERIOUS BODILY INJURY.
18 § 2908. Missing person reports.
19 Law enforcement officers or agencies filing attempts to
20 locate missing persons reports with the Commonwealth Law
21 Enforcement Assistance Network shall do so immediately upon the
22 receipt of information that a person is missing. In no case
23 shall law enforcement officers or agencies impose a mandatory
24 waiting period prior to the filing of such a report.
25 § 6313. SEXUAL EXPLOITATION OF CHILDREN. <--
26 (A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF SEXUAL
27 EXPLOITATION OF CHILDREN IF HE PROCURES FOR ANOTHER PERSON A
28 CHILD UNDER 18 YEARS OF AGE FOR THE PURPOSE OF SEXUAL
29 EXPLOITATION.
30 (B) PENALTY.--AN OFFENSE UNDER THIS SECTION IS A FELONY OF
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1 THE FIRST DEGREE.
2 (C) DEFINITIONS.--AS USED IN THIS SECTION THE FOLLOWING
3 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
4 SUBSECTION:
5 "PROCURE." TO OBTAIN OR MAKE AVAILABLE FOR SEXUAL
6 EXPLOITATION BY MEANS OF INVITING, PERSUADING, INDUCING,
7 ENTICING, CAJOLING, COERCING, SEDUCING, OR ANY OTHER MEANS, WITH
8 OR WITHOUT RECEIVING CONSIDERATION THEREFOR.
9 "SEXUAL EXPLOITATION." ACTUAL OR SIMULATED SEXUAL
10 INTERCOURSE, ANAL INTERCOURSE, ORAL INTERCOURSE, MASTURBATION,
11 BESTIALITY, SADISM, MASOCHISM, FELLATIO, CUNNILINGUS AND ANY
12 OTHER ACTUAL OR SIMULATED SEXUAL ACTIVITY, INCLUDING NUDITY, IF
13 NUDITY IS ARRANGED FOR THE PURPOSE OF SEXUAL STIMULATION OR
14 GRATIFICATION OF ANY PERSON.
15 Section 2 3. This act shall take effect in 60 days. <--
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