PRINTER'S NO. 1745

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1466 Session of 1977


        INTRODUCED BY LETTERMAN, McCALL, ARTHURS, FEE, FRYER, YAHNER,
           BRUNNER AND RENWICK, JULY 11, 1977

        REFERRED TO COMMITTEE ON JUDICIARY, JULY 11, 1977

                                     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.
    17         (2)  Voluntary manslaughter.
    18         (3)  Rape.


     1         (4)  Involuntary deviate intercourse.
     2         (5)  Kidnapping.
     3         (6)  Burglary.
     4         (7)  Robbery.
     5     (c)  Victimizing the elderly in the second degree.--A person
     6  who commits the following offenses is guilty of victimizing the
     7  elderly in the second degree when the victim is an elderly
     8  person:
     9         (1)  Attempt to victimize the elderly in the first
    10     degree.
    11         (2)  Aggravated assault.
    12         (3)  Criminal trespass.
    13         (4)  Theft by unlawful taking, by deception or by
    14     extortion.
    15     (d)  Victimizing the elderly in the third degree.--A person
    16  who commits the following offenses is guilty of victimizing the
    17  elderly in the third degree when the victim is an elderly
    18  person.
    19         (1)  Attempt to victimize the elderly in the second
    20     degree.
    21         (2)  Simple assault.
    22     (e)  Menacing an elderly person.--A person is guilty of
    23  menacing an elderly person when, by physical menace, he
    24  intentionally places or attempts to place an elderly person in
    25  fear of imminent serious physical injury.
    26     (f)  Knowledge of age.--The defendant shall have knowledge
    27  the victim was an elderly person if at any time prior to or
    28  during the commission of the offense the circumstances were such
    29  that the defendant knew or reasonably should have known the
    30  victim was an elderly person.
    19770H1466B1745                  - 2 -

     1     (g)  Grading.--
     2         (1)  Victimizing the elderly in the first degree is a
     3     felony of the first class.
     4         (2)  Victimizing the elderly in the second degree is a
     5     felony of the second class.
     6         (3)  Victimizing the elderly in the third degree is a
     7     felony of the third class.
     8         (4)  Menacing an elderly person is a misdemeanor of the
     9     first degree.
    10     Section 2.  This act shall take effect in 60 days.














    D27L21WMB/19770H1466B1745        - 3 -