PRINTER'S NO. 1280
No. 1120 Session of 1989
INTRODUCED BY O'BRIEN, BLAUM, PICCOLA, FOX, McVERRY, CAWLEY,
PRESSMANN, RYBAK, VROON, J. H. CLARK, VEON, TRICH, WOGAN,
KOSINSKI, CHADWICK, NOYE, GODSHALL, D. F. CLARK, FAIRCHILD,
MORRIS, FARMER, MARSICO, MRKONIC, SERAFINI, MAINE, BOYES,
DIETTERICK, E. Z. TAYLOR, WOZNIAK, WESTON, PERZEL, GEIST,
STABACK, HAGARTY, BUNT, RAYMOND, MOEHLMANN, JAROLIN, BARLEY,
MICOZZIE, KENNEY, ANGSTADT, BELFANTI, ROBINSON, DEMPSEY,
TRELLO, CORRIGAN, HERMAN, TIGUE, ADOLPH, HECKLER, NAHILL,
LANGTRY, BURD, LUCYK, COWELL, BELARDI, HOWLETT, LINTON,
TANGRETTI, MELIO, FREEMAN, LASHINGER, DeLUCA, LEVDANSKY,
J. TAYLOR, GLADECK, LEH, SAURMAN, BUSH, KONDRICH, ALLEN,
HAYDEN, ROEBUCK, RITTER, KASUNIC, CIVERA AND JOHNSON,
APRIL 11, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 11, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of
3 aggravated indecent assault; further defining the term
4 "deviate sexual intercourse"; and further providing for
5 indecent assault.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3101 of Title 18 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 3101. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this chapter which are applicable to specific
13 provisions of this chapter, the following words and phrases when
14 used in this chapter shall have, unless the context clearly
1 indicates otherwise, the meanings given to them in this section:
2 "Deviate sexual intercourse." Sexual intercourse per os or
3 per anus between human beings who are not husband and wife,
4 except as provided in section 3128 (relating to spousal sexual
5 assault), and any form of sexual intercourse with an animal. The
6 term also includes intentional penetration, however slight, of
7 the genitals or anus of another person with a foreign object for
8 any purpose other than good faith medical, hygienic or law
9 enforcement procedures.
10 "Foreign object." Includes any physical object not a part of
11 the actor's body.
12 "Indecent contact." Any touching of the sexual or other
13 intimate parts of the person for the purpose of arousing or
14 gratifying sexual desire, in either person.
15 "Sexual intercourse." In addition to its ordinary meaning,
16 includes intercourse per os or per anus, with some penetration
17 however slight; emission is not required.
18 Section 2. Title 18 is amended by adding a section to read:
19 § 3125. Aggravated indecent assault.
20 Except as provided in sections 3121 (relating to rape) and
21 3123 (relating to involuntary deviate sexual intercourse), a
22 person commits a felony of the second degree when he engages in
23 intentional penetration, however slight, of the genitals or anus
24 of another if:
25 (1) he does so without the consent of the other person;
26 (2) he knows that the other person suffers from a mental
27 disease or defect which renders him or her incapable of
28 appraising the nature of his or her conduct;
29 (3) he knows that the other person is unaware that the
30 indecent contact is being committed;
19890H1120B1280 - 2 -
1 (4) he has substantially impaired the other person's
2 power to appraise or control his or her conduct by
3 administering or employing without the knowledge of the other
4 drugs, intoxicants or other means for the purpose of
5 preventing resistance;
6 (5) the other person is in custody of law or detained in
7 a hospital or other institution and the actor has supervisory
8 or disciplinary authority over him; or
9 (6) he is over 18 years of age and the other person is
10 under 14 years of age.
11 Section 3. Section 3126 of Title 18 is amended to read:
12 § 3126. Indecent assault.
13 A person who has indecent contact with another not his
14 spouse, or causes such other to have indecent contact with him,
15 is guilty of indecent assault, a misdemeanor of the second
16 degree, if:
17 (1) he does so without the consent of the other person;
18 (2) he knows that the other person suffers from a mental
19 disease or defect which renders him or her incapable of
20 appraising the nature of his or her conduct;
21 (3) he knows that the other person is unaware that a
22 indecent contact is being committed;
23 (4) he has substantially impaired the other person's
24 power to appraise or control his or her conduct[,] by
25 administering or employing without the knowledge of the other
26 drugs, intoxicants or other means for the purpose of
27 preventing resistance; [or]
28 (5) the other person is in custody of law or detained in
29 a hospital or other institution and the actor has supervisory
30 or disciplinary authority over him[.]; or
19890H1120B1280 - 3 -
1 (6) he is over 18 years of age and the other person is
2 under 14 years of age.
3 Section 4. This act shall take effect in 60 days.
C7L18CHF/19890H1120B1280 - 4 -