PRINTER'S NO. 734
No. 699 Session of 1981
INTRODUCED BY DORR, CIMINI, RASCO, SPITZ, SEVENTY, NOYE, WOGAN,
COHEN, WENGER, GEIST, LETTERMAN, GRUPPO, MORRIS, SALVATORE,
DAWIDA, MRKONIC, JACKSON, LIVENGOOD, BROWN, MILLER, VROON,
BURD, PRATT, TRELLO, GRIECO, CORNELL, SERAFINI, BELARDI,
MICOZZIE, J. L. WRIGHT, PETERSON, E. Z. TAYLOR, ALDEN,
COCHRAN, CALTAGIRONE, PITTS, MADIGAN, DIETZ, ARMSTRONG,
PERZEL AND ROCKS, FEBRUARY 25, 1981
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 25, 1981
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, adding the offense of victimizing the
3 elderly.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18, act of November 25, 1970 (P.L.707,
7 No.230), known as the Pennsylvania Consolidated Statutes, is
8 amended by adding a section to read:
9 § 2710. Victimizing the elderly.
10 (a) Definition.--As used in this section, the term "elderly
11 person" means a human being who is 62 years of age or more.
12 (b) Victimizing the elderly in the first degree.--A person
13 who commits the following offenses is guilty of victimizing the
14 elderly in the first degree when the victim is an elderly
15 person:
16 (1) Attempt to commit a felony of the first degree.
1 (2) Voluntary manslaughter.
2 (3) Rape.
3 (4) Involuntary deviate intercourse.
4 (5) Kidnapping.
5 (6) Burglary.
6 (7) Robbery.
7 (c) Victimizing the elderly in the second degree.--A person
8 who commits the following offenses is guilty of victimizing the
9 elderly in the second degree when the victim is an elderly
10 person:
11 (1) Attempt to victimize the elderly in the first
12 degree.
13 (2) Aggravated assault.
14 (3) Criminal trespass.
15 (4) Theft by unlawful taking, by deception or by
16 extortion.
17 (d) Victimizing the elderly in the third degree.--A person
18 who commits the following offenses is guilty of victimizing the
19 elderly in the third degree when the victim is an elderly
20 person.
21 (1) Attempt to victimize the elderly in the second
22 degree.
23 (2) Simple assault.
24 (e) Menacing an elderly person.--A person is guilty of
25 menacing an elderly person when, by physical menace, he
26 intentionally places or attempts to place an elderly person in
27 fear of imminent serious physical injury.
28 (f) Knowledge of age.--The defendant shall have knowledge
29 the victim was an elderly person if at any time prior to or
30 during the commission of the offense the circumstances were such
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1 that the defendant knew or reasonably should have known the
2 victim was an elderly person.
3 (g) Grading.--
4 (1) Victimizing the elderly in the first degree is a
5 felony of the first class.
6 (2) Victimizing the elderly in the second degree is a
7 felony of the second class.
8 (3) Victimizing the elderly in the third degree is a
9 felony of the third class.
10 (4) Menacing an elderly person is a misdemeanor of the
11 first degree.
12 Section 2. This act shall take effect in 60 days.
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