PRIOR PRINTER'S NO. 2290
PRINTER'S NO. 3089
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1581
Session of
2015
INTRODUCED BY CORBIN, DELOZIER, MILLARD, O'BRIEN, V. BROWN,
BARRAR, PICKETT, BARBIN, BAKER, McNEILL, SAINATO, STEPHENS,
DONATUCCI, READSHAW, BOBACK, KAUFFMAN, COHEN, ROSS, MAJOR,
D. COSTA, D. PARKER, DeLUCA, WATSON, WARD, FEE, OBERLANDER,
HELM, HARPER, PHILLIPS-HILL, HARHART, GILLEN, TOOHIL,
SCHLEGEL CULVER, MURT, LEWIS, HENNESSEY, TRUITT, GOODMAN,
C. PARKER, BRADFORD, TOEPEL, KNOWLES, FABRIZIO, HARKINS,
DEAN, MARSICO, IRVIN, BENNINGHOFF, FARRY, FRANKEL, KLUNK,
RADER, MILNE, MICCARELLI, RAPP AND DUSH, OCTOBER 1, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 5, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, providing for the offense
of strangulation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2718. Strangulation.
(a) Offense defined.--A person commits the offense of
strangulation if the person knowingly or intentionally impedes
the breathing or circulation of the blood of another person by:
(1) applying pressure to the throat or neck; or
(2) blocking the nose and mouth of the person.
(b) Physical injury.--Infliction of a physical injury to a
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victim shall not be an element of the offense. The lack of
physical injury to a victim shall not be a defense in a
prosecution under this section.
(c) Affirmative defense.--It shall be an affirmative defense
to a charge under this section that the victim consented to the
defendant's actions as provided under section 311 (relating to
consent).
(d) Grading.--
(1) Except as provided in paragraph (2), a violation of
this section shall constitute a felony of the second degree.
(2) A violation of this section shall constitute a
felony of the first degree if:
(i) at the time of commission of the offense, the
defendant is subject t o an active protection from abuse
order under 23 Pa.C.S. Ch. 61 (relating protection from
abuse) or a sexual violence or intimidation protection
order under 42 Pa.C.S. Ch. 62A (relating to protection of
victims of sexual violence or intimidation) that covers
the victim;
(ii) the person uses an instrument of crime as
defined in section 907 (relating to possessing
instruments of crime) in commission of the offense under
this section; or
(iii) the defendant has previously been convicted of
an offense under this section.
(D) GRADING.--
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OR (3), A
VIOLATION OF THIS SECTION SHALL CONSTITUTE A MISDEMEANOR OF
THE SECOND DEGREE.
(2) A VIOLATION OF THIS SECTION SHALL CONSTITUTE A
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FELONY OF THE SECOND DEGREE IF COMMITTED:
(I) AGAINST A FAMILY OR HOUSEHOLD MEMBER AS DEFINED
IN 23 PA.C.S. § 6102 (RELATING TO DEFINITIONS);
(II) BY A CARETAKER AGAINST A CARE-DEPENDENT PERSON;
OR
(III) IN CONJUNCTION WITH SEXUAL VIOLENCE AS DEFINED
IN 42 PA.C.S. § 62A03 (RELATING TO DEFINITIONS) OR
CONDUCT CONSTITUTING A CRIME UNDER 18 PA.C.S. § 2709.1
(RELATING TO STALKING) OR CH. 30 SUBCH. B (RELATING TO
PROSECUTION OF HUMAN TRAFFICKING).
(3) A VIOLATION OF THIS SECTION SHALL CONSTITUTE A
FELONY OF THE FIRST DEGREE IF:
(I) AT THE TIME OF COMMISSION OF THE OFFENSE, THE
DEFENDANT IS SUBJECT TO AN ACTIVE PROTECTION FROM ABUSE
ORDER UNDER 23 PA.C.S. CH. 61 (RELATING TO PROTECTION
FROM ABUSE) OR A SEXUAL VIOLENCE OR INTIMIDATION
PROTECTION ORDER UNDER 42 PA.C.S. CH. 62A (RELATING TO
PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION)
THAT COVERS THE VICTIM;
(II) THE DEFENDANT USES AN INSTRUMENT OF CRIME AS
DEFINED IN SECTION 907 (RELATING TO POSSESSING
INSTRUMENTS OF CRIME) IN COMMISSION OF THE OFFENSE UNDER
THIS SECTION; OR
(III) THE DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF
AN OFFENSE UNDER PARAGRAPH (2) OR A SUBSTANTIALLY SIMILAR
OFFENSE IN ANOTHER JURISDICTION.
(E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"CARE-DEPENDENT PERSON." AN ADULT WHO, DUE TO PHYSICAL OR
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COGNITIVE DISABILITY OR IMPAIRMENT, REQUIRES ASSISTANCE TO MEET
HIS NEEDS FOR FOOD, SHELTER, CLOTHING, PERSONAL CARE OR HEALTH
CARE.
"CARETAKER." ANY PERSON WHO:
(1) IS AN OWNER, OPERATOR, MANAGER OR EMPLOYEE OF ANY OF
THE FOLLOWING:
(I) A NURSING HOME, PERSONAL CARE HOME, ASSISTED
LIVING FACILITY, PRIVATE CARE RESIDENCE OR DOMICILIARY
HOME.
(II) A COMMUNITY RESIDENTIAL FACILITY OR
INTERMEDIATE CARE FACILITY FOR A PERSON WITH MENTAL
DISABILITIES.
(III) AN ADULT DAILY LIVING CENTER.
(IV) A HOME HEALTH SERVICE PROVIDER WHETHER LICENSED
OR UNLICENSED.
(V) AN ENTITY LICENSED UNDER THE ACT OF JULY 19,
1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE
FACILITIES ACT.
(2) PROVIDES CARE TO A CARE-DEPENDENT PERSON IN THE
SETTINGS DESCRIBED UNDER PARAGRAPH (1).
(3) HAS AN OBLIGATION TO CARE FOR A CARE-DEPENDENT
PERSON FOR MONETARY CONSIDERATION IN THE SETTINGS DESCRIBED
UNDER PARAGRAPH (1).
(4) IS AN ADULT WHO RESIDES WITH A CARE-DEPENDENT PERSON
AND WHO HAS A LEGAL DUTY TO PROVIDE CARE OR WHO HAS
VOLUNTARILY ASSUMED AN OBLIGATION TO PROVIDE CARE BECAUSE OF
A FAMILIAL RELATIONSHIP, CONTRACT OR COURT ORDER.
(5) IS AN ADULT WHO DOES NOT RESIDE WITH A CARE-
DEPENDENT PERSON BUT WHO HAS A LEGAL DUTY TO PROVIDE CARE OR
WHO HAS AFFIRMATIVELY ASSUMED A RESPONSIBILITY FOR CARE, OR
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WHO HAS RESPONSIBILITY BY CONTRACT OR COURT ORDER.
"LEGAL ENTITY." AN INDIVIDUAL, PARTNERSHIP, UNINCORPORATED
ASSOCIATION, CORPORATION OR GOVERNING AUTHORITY.
"PRIVATE CARE RESIDENCE."
(1) A PRIVATE RESIDENCE:
(I) IN WHICH THE OWNER OF THE RESIDENCE OR THE LEGAL
ENTITY RESPONSIBLE FOR THE OPERATION OF THE RESIDENCE,
FOR MONETARY CONSIDERATION, PROVIDES OR ASSISTS WITH OR
ARRANGES FOR THE PROVISION OF FOOD, ROOM, SHELTER,
CLOTHING, PERSONAL CARE OR HEALTH CARE IN THE RESIDENCE,
FOR A PERIOD EXCEEDING 24 HOURS, TO FEWER THAN FOUR CARE-
DEPENDENT PERSONS WHO ARE NOT RELATIVES OF THE OWNER; AND
(II) WHICH IS NOT REQUIRED TO BE LICENSED AS A LONG-
TERM CARE NURSING FACILITY, AS DEFINED IN SECTION 802.1
OF THE HEALTH CARE FACILITIES ACT.
(2) THE TERM DOES NOT INCLUDE:
(I) DOMICILIARY CARE AS DEFINED IN SECTION 2202-A OF
THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
ADMINISTRATIVE CODE OF 1929.
(II) A FACILITY WHICH PROVIDES RESIDENTIAL CARE FOR
FEWER THAN FOUR CARE-DEPENDENT ADULTS AND WHICH IS
REGULATED BY THE DEPARTMENT OF HUMAN SERVICES.
Section 2. This act shall take effect in 60 days.
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