PRINTER'S NO. 3714
No. 2516 Session of 2004
INTRODUCED BY WEBER, ADOLPH, ALLEN, ARMSTRONG, BAKER, BALDWIN,
BARRAR, BELARDI, BOYD, BROWNE, CAPPELLI, S. E. CORNELL,
CORRIGAN, CRAHALLA, CRUZ, EGOLF, GEIST, GILLESPIE, GOOD,
GOODMAN, HARRIS, HERSHEY, HESS, HORSEY, KELLER, KILLION, LEH,
MARSICO, McILHINNEY, MILLARD, O'NEILL, PICKETT, REICHLEY,
SCHRODER, SOLOBAY, STEIL, E. Z. TAYLOR, TIGUE, TRUE, WALKO,
WATSON, YOUNGBLOOD, YUDICHAK, TANGRETTI AND S. MILLER,
APRIL 13, 2004
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 13, 2004
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 or attempts to cause the complainant to
15 come into contact with seminal fluid, urine or feces for the
1 purpose of arousing sexual desire in the person or the
2 complainant and:
3 (1) the person does so without the complainant's
4 consent;
5 (2) the person does so by forcible compulsion;
6 (3) the person does so by threat of forcible compulsion
7 that would prevent resistance by a person of reasonable
8 resolution;
9 (4) the complainant is unconscious or the person knows
10 that the complainant is unaware that the indecent contact is
11 occurring;
12 (5) the person has substantially impaired the
13 complainant's power to appraise or control his or her conduct
14 by administering or employing, without the knowledge of the
15 complainant, drugs, intoxicants or other means for the
16 purpose of preventing resistance;
17 (6) the complainant suffers from a mental disability
18 which renders [him or her] the complainant incapable of
19 consent;
20 (7) the complainant is less than 13 years of age; or
21 (8) the complainant is less than 16 years of age and the
22 person is four or more years older than the complainant and
23 the complainant and the person are not married to each other.
24 (b) Grading.--Indecent assault [under subsection (a)(7) is a
25 misdemeanor of the first degree. Otherwise, indecent assault is
26 a misdemeanor of the second degree.] shall be graded as follows:
27 (1) An offense under subsection(a)(1) or (8) is a
28 misdemeanor of the second degree.
29 (2) An offense under subsection(a)(2), (3), (4), (5) or
30 (6) is a misdemeanor of the first degree.
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1 (3) An offense under subsection(a)(7) is a misdemeanor
2 of the first degree unless any of the following apply, in
3 which case it is a felony of the third degree:
4 (i) It is a second or subsequent offense.
5 (ii) There has been a course of conduct of indecent
6 assault by the person.
7 (iii) The indecent assault was committed by touching
8 the complainant's sexual or intimate parts with the mouth
9 or sexual or intimate parts of the person.
10 (iv) The indecent assault is committed by touching
11 the person's sexual or intimate parts with the
12 complainant's mouth or sexual or intimate parts.
13 Section 2. This act shall take effect in 60 days.
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