HOUSE AMENDED
PRIOR PRINTER'S NO. 898 PRINTER'S NO. 1908
No. 833 Session of 1997
INTRODUCED BY GREENLEAF, O'PAKE, HART, AFFLERBACH, SALVATORE,
SCHWARTZ AND LEMMOND, APRIL 1, 1997
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 21, 1998
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offenses of <--
3 sexual assault and indecent assault. DEFINING THE OFFENSE OF <--
4 INSTITUTIONAL SEXUAL ASSAULT; AND PROVIDING PENALTIES.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 3124.1 and 3126(a) of Title 18 of the <--
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 3124.1. Sexual assault.
10 Except as provided in section 3121 (relating to rape) or 3123
11 (relating to involuntary deviate sexual intercourse), a person
12 commits a felony of the second degree when that person engages
13 in sexual intercourse or deviate sexual intercourse with a
14 complainant without the complainant's consent or where the
15 complainant is in custody of law or detained in a hospital or
16 other institution and the person has supervisory or disciplinary
17 authority over the complainant.
1 § 3126. Indecent assault.
2 (a) Offense defined.--A person who has indecent contact with
3 the complainant or causes the complainant to have indecent
4 contact with the person is guilty of indecent assault if:
5 (1) the person does so without the complainant's
6 consent;
7 (2) the person does so by forcible compulsion;
8 (3) the person does so by threat of forcible compulsion
9 that would prevent resistance by a person of reasonable
10 resolution;
11 (4) the complainant is unconscious or the person knows
12 that the complainant is unaware that the indecent contact is
13 occurring;
14 (5) the person has substantially impaired the
15 complainant's power to appraise or control his or her conduct
16 by administering or employing, without the knowledge of the
17 complainant, drugs, intoxicants or other means for the
18 purpose of preventing resistance;
19 (6) the complainant suffers from a mental disability
20 which renders him or her incapable of consent;
21 (7) the complainant is less than 13 years of age; [or]
22 (8) the complainant is less than 16 years of age and the
23 person is four or more years older than the complainant and
24 the complainant and the person are not married to each
25 other[.]; or
26 (9) the complainant is in custody of law or detained in
27 a hospital or other institution and the person has
28 supervisory or disciplinary authority over the complainant.
29 * * *
30 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <--
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1 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
2 § 3124.2. INSTITUTIONAL SEXUAL ASSAULT.
3 (A) GENERAL RULE.--A PERSON WHO HAS CUSTODIAL RESPONSIBILITY
4 FOR A PRISONER WHO IS UNDER THE SUPERVISION OF THE DEPARTMENT OF
5 CORRECTIONS OR COUNTY CORRECTIONAL AUTHORITY OR DETAINED IN A
6 HOSPITAL OR OTHER INSTITUTION COMMITS A MISDEMEANOR OF THE FIRST
7 DEGREE IF THE PERSON ENGAGES IN SEXUAL INTERCOURSE OR DEVIATE
8 SEXUAL INTERCOURSE WITH A PRISONER.
9 (B) INTERCOURSE WITH CUSTODIAN.--A PRISONER WHO IS UNDER THE
10 SUPERVISION OF THE DEPARTMENT OF CORRECTIONS OR COUNTY
11 CORRECTIONAL AUTHORITY OR DETAINED IN A HOSPITAL OR OTHER
12 INSTITUTION COMMITS A MISDEMEANOR OF THE FIRST DEGREE IF THE
13 PERSON ENGAGES IN SEXUAL INTERCOURSE OR DEVIATE SEXUAL
14 INTERCOURSE WITH A PERSON WHO HAS CUSTODIAL RESPONSIBILITY FOR
15 THE PRISONER.
16 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM
17 "CUSTODIAL RESPONSIBILITY" MEANS HAVING RESPONSIBILITY FOR THE
18 CARE, MANAGEMENT OR CONTROL OF A PRISONER WHO IS COMMITTED TO
19 THE DEPARTMENT OF CORRECTIONS OR A COUNTY CORRECTIONAL FACILITY
20 OR AN OFFENDER WHO IS UNDER THE SUPERVISION OF THE DEPARTMENT OF
21 CORRECTIONS OR A COUNTY CORRECTIONAL AUTHORITY.
22 Section 2. This act shall take effect in 60 days.
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