18c3101h

 

 

CHAPTER 31

SEXUAL OFFENSES

 

Subchapter

A.  General Provisions

B.  Definition of Offenses

C.  Loss of Property Rights

 

Enactment.  Chapter 31 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References.  Chapter 31 is referred to in sections 6301, 6318 of this title; sections 1726.1, 5920, 5985.1, 5987, 9718.1, 9912 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice).

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

3101.  Definitions.

3102.  Mistake as to age.

3103.  Spouse relationships (Repealed).

3104.  Evidence of victim's sexual conduct.

3105.  Prompt complaint.

3106.  Testimony of complainants.

3107.  Resistance not required.

18c3101s

§ 3101.  Definitions.

Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Complainant."  An alleged victim of a crime under this chapter.

"Deviate sexual intercourse."  Sexual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal. The term also includes penetration, however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures.

"Forcible compulsion."  Compulsion by use of physical, intellectual, moral, emotional or psychological force, either express or implied. The term includes, but is not limited to, compulsion resulting in another person's death, whether the death occurred before, during or after sexual intercourse.

"Foreign object."  Includes any physical object not a part of the actor's body.

"Indecent contact."  Any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, in any person.

"Serious bodily injury."  As defined in section 2301 (relating to definitions).

"Sexual intercourse."  In addition to its ordinary meaning, includes intercourse per os or per anus, with some penetration however slight; emission is not required.

18c3101v

(Dec. 21, 1984, P.L.1210, No.230, eff. 60 days; Feb. 2, 1990, P.L.6, No.4, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days; Dec. 16, 2002, P.L.1953, No.226, eff. 60 days; Dec. 18, 2013, P.L.1163, No.105, eff. Jan. 1, 2014)

 

2013 Amendment.  Act 105 amended the def. of "indecent contact."

2002 Amendments.  Act 162 added the def. of "serious bodily injury" and Act 226 added the def. of "serious bodily injury." The amendments by Acts 162 and 226 are identical and therefore have been merged.

Cross References.  Section 3101 is referred to in section 6312 of this title; sections 5533, 6302 of Title 42 (Judiciary and Judicial Procedure).

18c3102s

§ 3102.  Mistake as to age.

Except as otherwise provided, whenever in this chapter the criminality of conduct depends on a child being below the age of 14 years, it is no defense that the defendant did not know the age of the child or reasonably believed the child to be the age of 14 years or older. When criminality depends on the child's being below a critical age older than 14 years, it is a defense for the defendant to prove by a preponderance of the evidence that he or she reasonably believed the child to be above the critical age.

18c3102v

(May 18, 1976, P.L.120, No.53, eff. 30 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)

 

1995 Amendment.  Section 18 of Act 10, 1st Sp.Sess., provided that the amendment of section 3102 shall apply to offenses committed on or after the effective date of Act 10.

18c3103s

§ 3103.  Spouse relationships (Repealed).

18c3103v

 

1995 Repeal Note.  Section 3103 was repealed March 31, 1995, 1st Sp.Sess., P.L.985, No.10, effective in 60 days.

18c3104s

§ 3104.  Evidence of victim's sexual conduct.

(a)  General rule.--Evidence of specific instances of the alleged victim's past sexual conduct, opinion evidence of the alleged victim's past sexual conduct, and reputation evidence of the alleged victim's past sexual conduct shall not be admissible in prosecutions under this chapter except evidence of the alleged victim's past sexual conduct with the defendant where consent of the alleged victim is at issue and such evidence is otherwise admissible pursuant to the rules of evidence.

(b)  Evidentiary proceedings.--A defendant who proposes to offer evidence of the alleged victim's past sexual conduct pursuant to subsection (a) shall file a written motion and offer of proof at the time of trial. If, at the time of trial, the court determines that the motion and offer of proof are sufficient on their faces, the court shall order an in camera hearing and shall make findings on the record as to the relevance and admissibility of the proposed evidence pursuant to the standards set forth in subsection (a).

18c3104v

(May 18, 1976, P.L.120, No.53, eff. 30 days)

18c3105s

§ 3105.  Prompt complaint.

Prompt reporting to public authority is not required in a prosecution under this chapter: Provided, however, That nothing in this section shall be construed to prohibit a defendant from introducing evidence of the complainant's failure to promptly report the crime if such evidence would be admissible pursuant to the rules of evidence.

18c3105v

(May 18, 1976, P.L.120, No.53, eff. 30 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)

 

1995 Amendment.  Section 18 of Act 10, 1st Sp.Sess., provided that the amendment of section 3105 shall apply to offenses committed on or after the effective date of Act 10.

18c3106s

§ 3106.  Testimony of complainants.

The credibility of a complainant of an offense under this chapter shall be determined by the same standard as is the credibility of a complainant of any other crime. The testimony of a complainant need not be corroborated in prosecutions under this chapter. No instructions shall be given cautioning the jury to view the complainant's testimony in any other way than that in which all complainants' testimony is viewed.

18c3106v

(May 18, 1976, P.L.120, No.53, eff. 30 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)

 

1995 Amendment.  Section 18 of Act 10, 1st Sp.Sess., provided that the amendment of section 3106 shall apply to offenses committed on or after the effective date of Act 10.

Prior Provisions.  Former section 3106, which related to the same subject matter, was added December 6, 1972, P.L.1482, No.334, and repealed November 21, 1973, P.L.339, No.115, effective in 60 days.

18c3107s

§ 3107.  Resistance not required.

The alleged victim need not resist the actor in prosecutions under this chapter: Provided, however, That nothing in this section shall be construed to prohibit a defendant from introducing evidence that the alleged victim consented to the conduct in question.

18c3107v

(May 18, 1976, P.L.120, No.53, eff. 30 days)

 

1976 Amendment.  Act 53 added section 3107.

18c3121h

 

 

SUBCHAPTER B

DEFINITION OF OFFENSES

 

Sec.

3121.  Rape.

3122.  Statutory rape (Repealed).

3122.1. Statutory sexual assault.

3123.  Involuntary deviate sexual intercourse.

3124.  Voluntary deviate sexual intercourse (Repealed).

3124.1. Sexual assault.

3124.2. Institutional sexual assault.

3125.  Aggravated indecent assault.

3126.  Indecent assault.

3127.  Indecent exposure.

3128.  Spousal sexual assault (Repealed).

3129.  Sexual intercourse with animal.

3130.  Conduct relating to sex offenders.

18c3121s

§ 3121.  Rape.

(a)  Offense defined.--A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:

(1)  By forcible compulsion.

(2)  By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.

(3)  Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.

(4)  Where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.

(5)  Who suffers from a mental disability which renders the complainant incapable of consent.

(6)  (Deleted by amendment).

(b)  Additional penalties.--In addition to the penalty provided for by subsection (a), a person may be sentenced to an additional term not to exceed ten years' confinement and an additional amount not to exceed $100,000 where the person engages in sexual intercourse with a complainant and has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, any substance for the purpose of preventing resistance through the inducement of euphoria, memory loss and any other effect of this substance.

(c)  Rape of a child.--A person commits the offense of rape of a child, a felony of the first degree, when the person engages in sexual intercourse with a complainant who is less than 13 years of age.

(d)  Rape of a child with serious bodily injury.--A person commits the offense of rape of a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense.

(e)  Sentences.--Notwithstanding the provisions of section 1103 (relating to sentence of imprisonment for felony), a person convicted of an offense under:

(1)  Subsection (c) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.

(2)  Subsection (d) shall be sentenced up to a maximum term of life imprisonment.

18c3121v

(Dec. 21, 1984, P.L.1210, No.230, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 19, 1997, P.L.621, No.65, eff. 60 days; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days; Dec. 16, 2002, P.L.1953, No.226, eff. 60 days)

 

2002 Amendments.  Act 226 overlooked the amendment by Act 162, but the amendments do not conflict in substance (except for the designation of the offenses in subsecs. (c) and (d) as felonies of the first degree, as to which Act 162 has been given effect) and both have been given effect in setting forth the text of section 3121.

Effective Date.  After February 6, 2003, and before February 14, 2003, section 3121 will reflect only the amendment by Act 162, as follows:

§ 3121.  Rape.

(a)  Offense defined.--A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:

(1)  By forcible compulsion.

(2)  By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.

(3)  Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.

(4)  Where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.

(5)  Who suffers from a mental disability which renders the complainant incapable of consent.

(b)  Additional penalties.--In addition to the penalty provided for by subsection (a), a person may be sentenced to an additional term not to exceed ten years' confinement and an additional amount not to exceed $100,000 where the person engages in sexual intercourse with a complainant and has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, any substance for the purpose of preventing resistance through the inducement of euphoria, memory loss and any other effect of this substance.

(c)  Rape of a child.--A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant who is less than 13 years of age.

(d)  Rape of a child with serious bodily injury.--A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant who is less than 13 years of age and the complainant suffers serious bodily injury in the course of the offense.

(e)  Sentences.--Notwithstanding the provisions of section 1103 (relating to sentence of imprisonment for felony), a person convicted of an offense under:

(1)  Subsection (c) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.

(2)  Subsection (d) shall be sentenced up to a maximum term of life imprisonment.

Cross References.  Section 3121 is referred to in sections 2709.1, 2714, 3122.1, 3124.1, 3124.2, 3125, 3141, 5702, 5708, 6105, 9122, 9123 of this title; section 3304 of Title 5 (Athletics and Sports); sections 5329, 6303, 6304, 6344, 6702, 6711 of Title 23 (Domestic Relations); sections 5552, 6302, 6358, 6402, 6403, 9717, 9718, 9720.2, 9799.12, 9799.14, 9799.17, 9799.24, of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and Parole).

18c3122s

§ 3122.  Statutory rape (Repealed).

18c3122v

 

1995 Repeal Note.  Section 3122 was repealed March 31, 1995, 1st Sp.Sess., P.L.985, No.10, effective in 60 days.

18c3122.1s

§ 3122.1.  Statutory sexual assault.

(a)  Felony of the second degree.--Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and that person is either:

(1)  four years older but less than eight years older than the complainant; or

(2)  eight years older but less than 11 years older than the complainant.

(b)  Felony of the first degree.--A person commits a felony of the first degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant and the complainant and the person are not married to each other.

18c3122.1v

(Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 20, 2011, P.L.446, No.111, eff. 60 days)

 

Cross References.  Section 3122.1 is referred to in sections 3124.2, 3125, 3141, 9122 of this title; sections 5329, 6303, 6344 of Title 23 (Domestic Relations); sections 5552, 6302, 9799.13, 9799.14, 9802 of Title 42 (Judiciary and Judicial Procedure).

18c3123s

§ 3123.  Involuntary deviate sexual intercourse.

(a)  Offense defined.--A person commits a felony of the first degree when the person engages in deviate sexual intercourse with a complainant:

(1)  by forcible compulsion;

(2)  by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(3)  who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;

(4)  where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

(5)  who suffers from a mental disability which renders him or her incapable of consent; or

(6)  (Deleted by amendment).

(7)  who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.

(b)  Involuntary deviate sexual intercourse with a child.--A person commits involuntary deviate sexual intercourse with a child, a felony of the first degree, when the person engages in deviate sexual intercourse with a complainant who is less than 13 years of age.

(c)  Involuntary deviate sexual intercourse with a child with serious bodily injury.--A person commits an offense under this section with a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is less than 13 years of age and the complainant suffers serious bodily injury in the course of the offense.

(d)  Sentences.--Notwithstanding the provisions of section 1103 (relating to sentence of imprisonment for felony), a person convicted of an offense under:

(1)  Subsection (b) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.

(2)  Subsection (c) shall be sentenced up to a maximum term of life imprisonment.

(e)  Definition.--As used in this section, the term "forcible compulsion" includes, but is not limited to, compulsion resulting in another person's death, whether the death occurred before, during or after the sexual intercourse.

18c3123v

(Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days; Dec. 16, 2002, P.L.1953, No.226, eff. 60 days)

 

2002 Amendments.  Act 226 overlooked the amendment by Act 162, but the amendments do not conflict in substance (except for the designation of the offenses in subsecs. (b) and (c) as felonies of the first degree, as to which Act 162 has been given effect) and both have been given effect in setting forth the text of section 3123.

Effective Date.  After February 6, 2003, and before February 14, 2003, section 3123 will reflect only the amendment by Act 162, as follows:

§ 3123.  Involuntary deviate sexual intercourse.

(a)  Offense defined.--A person commits a felony of the first degree when the person engages in deviate sexual intercourse with a complainant:

(1)  by forcible compulsion;

(2)  by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(3)  who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;

(4)  where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

(5)  who suffers from a mental disability which renders him or her incapable of consent; or

(6)  who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.

(b)  Definition.--As used in this section, the term "forcible compulsion" includes, but is not limited to, compulsion resulting in another person's death, whether the death occurred before, during or after the sexual intercourse.

(c)  Involuntary deviate sexual intercourse with a child.--A person commits a felony of the first degree when the person engages in deviate sexual intercourse with a complainant who is less than 13 years of age.

(d)  Involuntary deviate sexual intercourse with a child with serious bodily injury.--A person commits a felony of the first degree when the person engages in deviate sexual intercourse with a complainant who is less than 13 years of age and the complainant suffers serious bodily injury in the course of the offense.

(e)  Sentences.--Notwithstanding the provisions of section 1103 (relating to sentence of imprisonment for felony), a person convicted of an offense under:

(1)  Subsection (c) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.

(2)  Subsection (d) shall be sentenced up to a maximum term of life imprisonment.

Cross References.  Section 3123 is referred to in sections 2709.1, 2714, 3124.1, 3124.2, 3125, 3141, 5702, 5708, 6105, 9122, 9123 of this title; sections 5329, 6303, 6304, 6344, 6711 of Title 23 (Domestic Relations); sections 5552, 6302, 6358, 6402, 6403, 9717, 9718, 9720.2, 9799.12, 9799.14, 9977.17, 9799.24 of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and Parole).

18c3124s

§ 3124.  Voluntary deviate sexual intercourse (Repealed).

18c3124v

 

1995 Repeal Note.  Section 3124 was repealed March 31, 1995, 1st Sp.Sess., P.L.985, No.10, effective in 60 days.

18c3124.1s

§ 3124.1.  Sexual assault.

Except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent.

18c3124.1v

(Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)

 

1995 Amendment.  Act 10, 1st Sp.Sess., added section 3124.1. Section 18 of Act 10, 1st Sp.Sess., provided that section 3124.1 shall apply to offenses committed on or after the effective date of Act 10.

Cross References.  Section 3124.1 is referred to in sections 3124.2, 3125, 3141, 5702, 5708, 9122 of this title; sections 5329, 6303, 6304, 6344 of Title 23 (Domestic Relations); sections 5552, 6302, 6358, 6402, 6403, 9799.14, 9799.24 of Title 42 (Judiciary and Judicial Procedure).

18c3124.2s

§ 3124.2.  Institutional sexual assault.

(a)  General rule.--Except as provided under subsection (a.1) and in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault) and 3125 (relating to aggravated indecent assault), a person who is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, patient or resident.

(a.1)  Institutional sexual assault of a minor.--A person who is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth or mental health or mental retardation facility or institution commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, patient or resident who is under 18 years of age.

(a.2)  Schools.--

(1)  Except as provided in sections 3121, 3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an employee of a school or any other person who has direct contact with a student at a school commits a felony of the third degree when he engages in sexual intercourse, deviate sexual intercourse or indecent contact with a student of the school.

(2)  As used in this subsection, the following terms shall have the meanings given to them in this paragraph:

(i)  "Direct contact."  Care, supervision, guidance or control.

(ii)  "Employee."

(A)  Includes:

(I)  A teacher, a supervisor, a supervising principal, a principal, an assistant principal, a vice principal, a director of vocational education, a dental hygienist, a visiting teacher, a home and school visitor, a school counselor, a child nutrition program specialist, a school librarian, a school secretary the selection of whom is on the basis of merit as determined by eligibility lists, a school nurse, a substitute teacher, a janitor, a cafeteria worker, a bus driver, a teacher aide and any other employee who has direct contact with school students.

(II)  An independent contractor who has a contract with a school for the purpose of performing a service for the school, a coach, an athletic trainer, a coach hired as an independent contractor by the Pennsylvania Interscholastic Athletic Association or an athletic trainer hired as an independent contractor by the Pennsylvania Interscholastic Athletic Association.

(B)  The term does not include:

(I)  A student employed at the school.

(II)  An independent contractor or any employee of an independent contractor who has no direct contact with school students.

(iii)  "School."  A public or private school, intermediate unit or area vocational-technical school.

(iv)  "Volunteer."  The term does not include a school student.

(a.3)  Child care.--Except as provided in sections 3121, 3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an employee of a center for children commits a felony of the third degree when he engages in sexual intercourse, deviate sexual intercourse or indecent contact with a child who is receiving services at the center.

(b)  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:

"Agent."  A person who is assigned to work in a State or county correctional or juvenile detention facility, a youth development center, youth forestry camp, other licensed residential facility serving children and youth or mental health or mental retardation facility or institution, who is employed by any State or county agency or any person employed by an entity providing contract services to the agency.

"Center for children."  Includes a child day-care center, group and family day-care home, boarding home for children, a center providing early intervention and drug and alcohol services for children or other facility which provides child-care services which are subject to approval, licensure, registration or certification by the Department of Public Welfare or a county social services agency or which are provided pursuant to a contract with the department or a county social services agency. The term does not include a youth development center, youth forestry camp, State or county juvenile detention facility and other licensed residential facility serving children and youth.

18c3124.2v

(Dec. 21, 1998, P.L.1240, No.157, eff. 60 days; May 10, 2000, P.L.38, No.12, eff. imd.; Dec. 20, 2011, P.L.446, No.111, eff. 60 days)

 

Cross References.  Section 3124.2 is referred to in section 6303 of Title 23 (Domestic Relations); section 9799.14 of Title 42 (Judiciary and Judicial Procedure).

18c3125s

§ 3125.  Aggravated indecent assault.

(a)  Offenses defined.--Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person's body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault if:

(1)  the person does so without the complainant's consent;

(2)  the person does so by forcible compulsion;

(3)  the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(4)  the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;

(5)  the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

(6)  the complainant suffers from a mental disability which renders him or her incapable of consent;

(7)  the complainant is less than 13 years of age; or

(8)  the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

(b)  Aggravated indecent assault of a child.--A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age.

(c)  Grading and sentences.--

(1)  An offense under subsection (a) is a felony of the second degree.

(2)  An offense under subsection (b) is a felony of the first degree.

18c3125v

(Feb. 2, 1990, P.L.6, No.4, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days; Dec. 16, 2002, P.L.1953, No.226, eff. 60 days)

 

2002 Amendments.  The amendments by Acts 162 and 226 are identical and therefore have been merged.

Prior Provisions.  Former section 3125, which related to corruption of minors, was added December 6, 1972, P.L.1482, No.334, and repealed July 1, 1978, P.L.573, No.104, effective in 60 days.

Cross References.  Section 3125 is referred to in sections 2714, 3124.2, 3141, 5702, 5708, 6105, 9122, 9123 of this title; sections 5329, 6303, 6304, 6344 of Title 23 (Domestic Relations); sections 5552, 6302, 6358, 6402, 6403, 9718, 9799.12, 9799.14, 9977.17, 9799.24 of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons and Parole).

18c3126s

§ 3126.  Indecent assault.

(a)  Offense defined.--A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and:

(1)  the person does so without the complainant's consent;

(2)  the person does so by forcible compulsion;

(3)  the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(4)  the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring;

(5)  the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

(6)  the complainant suffers from a mental disability which renders the complainant incapable of consent;

(7)  the complainant is less than 13 years of age; or

(8)  the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

(b)  Grading.--Indecent assault shall be graded as follows:

(1)  An offense under subsection (a)(1) or (8) is a misdemeanor of the second degree.

(2)  An offense under subsection (a)(2), (3), (4), (5) or (6) is a misdemeanor of the first degree.

(3)  An offense under subsection (a)(7) is a misdemeanor of the first degree unless any of the following apply, in which case it is a felony of the third degree:

(i)  It is a second or subsequent offense.

(ii)  There has been a course of conduct of indecent assault by the person.

(iii)  The indecent assault was committed by touching the complainant's sexual or intimate parts with sexual or intimate parts of the person.

(iv)  The indecent assault is committed by touching the person's sexual or intimate parts with the complainant's sexual or intimate parts.

18c3126v

(May 18, 1976, P.L.120, No.53, eff. 30 days; Feb. 2, 1990, P.L.6, No.4, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Nov. 23, 2005, P.L.412, No.76, eff. 60 days)

 

Cross References.  Section 3126 is referred to in sections 2714, 3141, 9122 of this title; section 3304 of Title 5 (Athletics and Sports); sections 5329, 6303, 6304, 6344 of Title 23 (Domestic Relations); sections 5552, 6302, 6358, 6402, 6403, 9799.13, 9799.14, 9799.24 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice); section 7122 of Title 61 (Prisons and Parole).

18c3127s

§ 3127.  Indecent exposure.

(a)  Offense defined.--A person commits indecent exposure if that person exposes his or her genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm.

(b)  Grading.--If the person knows or should have known that any of the persons present are less than 16 years of age, indecent exposure under subsection (a) is a misdemeanor of the first degree. Otherwise, indecent exposure under subsection (a) is a misdemeanor of the second degree.

18c3127v

(Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)

 

1995 Amendment.  Section 18 of Act 10, 1st Sp.Sess., provided that the amendment of section 3127 shall apply to offenses committed on or after the effective date of Act 10.

Cross References.  Section 3127 is referred to in section 9122 of this title; sections 5329, 6303, 6304, 6344 of Title 23 (Domestic Relations); section 5552 of Title 42 (Judiciary and Judicial Procedure).

18c3128s

§ 3128.  Spousal sexual assault (Repealed).

18c3128v

 

1995 Repeal Note.  Section 3128 was repealed March 31, 1995, 1st Sp.Sess., P.L.985, No.10, effective in 60 days.

18c3129s

§ 3129.  Sexual intercourse with animal.

A person who engages in any form of sexual intercourse with an animal commits a misdemeanor of the second degree.

18c3129v

(June 18, 1999, P.L.67, No.8, eff. 60 days)

 

1999 Amendment.  Act 8 added section 3129.

Cross References.  Section 3129 is referred to in section 5329 of Title 23 (Domestic Relations).

18c3130s

§ 3130.  Conduct relating to sex offenders.

(a)  Offense defined.--A person commits a felony of the third degree if the person has reason to believe that a sex offender is not complying with or has not complied with the requirements of the sex offender's probation or parole, imposed by statute or court order, or with the registration requirements of 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders), and the person, with the intent to assist the sex offender in eluding a law enforcement agent or agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of the sex offender's probation or parole or the requirements of 42 Pa.C.S. Ch. 97 Subch. H:

(1)  withholds information from or does not notify the law enforcement agent or agency about the sex offender's noncompliance with the requirements of parole, the requirements of 42 Pa.C.S. Ch. 97 Subch. H or, if known, the sex offender's whereabouts;

(2)  harbors or attempts to harbor or assist another person in harboring or attempting to harbor the sex offender;

(3)  conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sex offender; or

(4)  provides information to the law enforcement agent or agency regarding the sex offender which the person knows to be false.

(b)  Definition.--As used in this section, the term "sex offender" means a person who is required to register with the Pennsylvania State Police pursuant to the provisions of 42 Pa.C.S. Ch. 97 Subch. H.

18c3130v

(Nov. 29, 2006, P.L.1567, No.178, eff. Jan. 1, 2007; Dec. 20, 2011, P.L.446, No.111, eff. one year)

 

2011 Amendment.  Act 111 amended subsecs. (a) intro. par. and (1) and (b).

2006 Amendment.  Act 178 added section 3130. See the preamble to Act 178 in the appendix to this title for special provisions relating to legislative intent.

Cross References.  Section 3130 is referred to in section 5329 of Title 23 (Domestic Relations).

18c3141h

 

 

SUBCHAPTER C

LOSS OF PROPERTY RIGHTS

 

Sec.

3141.  General rule.

3142.  Process and seizure.

3143.  Custody of property.

3144.  Disposal of property.

 

Enactment.  Subchapter C was added November 29, 2006, P.L.1567, No.178, effective January 1, 2007.

Special Provisions in Appendix.  See the preamble to Act 178 of 2006 in the appendix to this title for special provisions relating to legislative intent.

18c3141s

§ 3141.  General rule.

A person:

(1)  convicted under section 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault) or 3126 (relating to indecent assault); or

(2)  required to register with the Pennsylvania State Police under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders);

may be required to forfeit property rights in any property or assets used to implement or facilitate commission of the crime or crimes of which the person has been convicted. Such property may include, but is not limited to, a computer or computers, telephone equipment, firearms, licit or illicit prescription drugs or controlled substances, a motor vehicle or such other property or assets as determined by the court of common pleas to have facilitated the person's criminal misconduct.

18c3141v

(Dec. 20, 2011, P.L.446, No.111, eff. one year)

18c3142s

§ 3142.  Process and seizure.

(a)  Seizure.--Property subject to forfeiture under this section may be seized by law enforcement authority upon process issued by the court of common pleas having jurisdiction over the person or property.

(b)  Seizure without process.--Seizure without process may be made if the seizure is incident to an arrest or a search under a search warrant and there is probable cause to be believe that the property was or is material to the charges for which the arrest or search warrant was issued. In seizures without process, proceedings for the issuance thereof shall be instituted immediately.

(c)  Return of property.--Property belonging to someone other than the convicted sex offender or registrant shall be returned if the offense was committed without the knowledge or consent of the owner.

18c3143s

§ 3143.  Custody of property.

Property taken or detained under this subchapter is deemed to be the property of the law enforcement authority having custody thereof and is subject only to the court of common pleas having jurisdiction over the criminal or forfeiture proceedings, the district attorney in the matter or the Attorney General.

18c3144s

§ 3144.  Disposal of property.

Property taken or detained pursuant to the provisions of this subchapter shall be sold in the manner of property forfeited under 42 Pa.C.S. Ch. 68 (relating to forfeitures). The net proceeds, as determined by the law enforcement authority having custody thereof, shall be utilized for investigation or prosecution of sexual offenses or donated to nonprofit charitable institutions which provide counseling and other assistance to victims of sexual offenses.