THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY KASUNIC, BOSCOLA, BREWSTER, KITCHEN, ORIE, RAFFERTY, STACK, TARTAGLIONE, WAUGH AND WOZNIAK, FEBRUARY 11, 2011

REFERRED TO JUDICIARY, FEBRUARY 11, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for simple assault.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2701 of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 2701.  Simple assault.

(a)  Offense defined.--A person is guilty of assault if he:

(1)  attempts to cause or intentionally, knowingly or

recklessly causes bodily injury to another;

(2)  negligently causes bodily injury to another with a

deadly weapon;

(3)  attempts by physical menace to put another in fear

of imminent serious bodily injury; [or]

(4)  conceals or attempts to conceal a hypodermic needle

on his person and intentionally or knowingly penetrates a law

enforcement officer or an officer or an employee of a

correctional institution, county jail or prison, detention

facility or mental hospital during the course of an arrest or

any search of the person[.]; or

(5)  intentionally or recklessly propels an object to

make contact with a moving vehicle which results in bodily

injury or temporary bodily impairment.

(b)  Grading.--[Simple assault is a misdemeanor of the second

degree unless committed:]

(1)  Simple assault under subsection (a)(1), (2), (3) or

(4) is a misdemeanor of the second degree unless committed in

a fight or scuffle entered into by mutual consent, in which

case it is a misdemeanor of the third degree[; or].

(2)  Simple assault under subsection (a)(1), (2), (3) or

(4) is a misdemeanor of the second degree unless committed 

against a child under 12 years of age by an adult 21 years of

age or older, in which case it is a misdemeanor of the first

degree.

(3)  Simple assault under subsection (a)(5) is a

misdemeanor of the first degree.

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