AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, providing for the offense of sexual
3assault by sports official, volunteer or employee of
4nonprofit association.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 3124.3.  Sexual assault by sports official, volunteer or
10employee of nonprofit association.

11(a)  Sports official.--Except as provided in section 3121 
12(relating to rape), 3122.1 (relating to statutory sexual 
13assault), 3123 (relating to involuntary deviate sexual 
14intercourse), 3124.1 (relating to sexual assault) and 3125 
15(relating to aggravated indecent assault), a person who serves 
16as a sports official in a sports program of a nonprofit 
17association or a for-profit association commits a felony of the 

1third degree when that person engages in sexual intercourse, 
2deviate sexual intercourse or indecent contact with a child 
3under 18 years of age who is participating in a sports program 
4of the nonprofit association or for-profit association.

5(b)  Volunteer or employee of nonprofit association.--Except
6as provided in sections 3121, 3122.1, 3123, 3124.1 and 3125, a
7volunteer or an employee of a nonprofit association having
8direct contact with a child under 18 years of age who
9participates in a program or activity of the nonprofit
10association commits a felony of the third degree if the
11volunteer or employee engages in sexual intercourse, deviate
12sexual intercourse or indecent contact with that child.

13(c)  Definitions.--As used in this section, the following 
14words and phrases shall have the meanings given to them in this 
15subsection unless the context clearly indicates otherwise:

16"Direct contact."  Care, supervision, guidance or control.

17"Nonprofit association."  As defined in 42 Pa.C.S. § 8332.1
18(relating to manager, coach, umpire or referee and nonprofit
19association negligence standard).

20"Sports official."  A person who supervises children
21participating in a sports program of a nonprofit association or
22a for-profit association, including, but not limited to, a
23coach, assistant coach, athletic trainer, team attendant, game
24manager, instructor or a person at a sports program who enforces
25the rules of a sporting event sponsored by a sports program of a
26nonprofit association or a for-profit association, including,
27but not limited to, an umpire or referee, whether receiving
28remuneration or holding the position as a volunteer.

29"Sports program."  As defined in 42 Pa.C.S. § 8332.1
30(relating to manager, coach, umpire or referee and nonprofit

1association negligence standard).

2Section 2.  This act shall take effect in 60 days.