PRINTER'S NO. 2956
No. 2218 Session of 1990
INTRODUCED BY JAMES, KOSINSKI, FARGO, FOX, COHEN, TANGRETTI,
DALEY, NAILOR, MELIO, JOHNSON, THOMAS, HERMAN, STISH, TRELLO,
CARN, CORRIGAN, LAUGHLIN, PISTELLA, PRESTON, BILLOW,
SERAFINI, HARPER, WILLIAMS AND BISHOP, JANUARY 2, 1990
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 2, 1990
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for simple assault,
3 aggravated assault and threats upon public officials.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 2701, 2702 and 4702 of Title 18 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 2701. Simple assault.
9 (a) Offense defined.--A person is guilty of assault if he:
10 (1) attempts to cause or intentionally, knowingly or
11 recklessly causes bodily injury to another;
12 (2) negligently causes bodily injury to another with a
13 deadly weapon; or
14 (3) attempts by physical menace to put another in fear
15 of imminent serious bodily injury.
16 (b) Grading.--Simple assault is a misdemeanor of the second
17 degree unless committed:
1 (1) in a fight or scuffle entered into by mutual
2 consent, in which case it is a misdemeanor of the third
3 degree; [or]
4 (2) against a child under 12 years of age by an adult 21
5 years of age or older, in which case it is a misdemeanor of
6 the first degree[.]; or
7 (3) against a public official, elected or appointed,
8 while in the performance of duty or as a result of his
9 official position, in which case it is a misdemeanor of the
10 first degree.
11 § 2702. Aggravated assault.
12 (a) Offense defined.--A person is guilty of aggravated
13 assault if he:
14 (1) attempts to cause serious bodily injury to another,
15 or causes such injury intentionally, knowingly or recklessly
16 under circumstances manifesting extreme indifference to the
17 value of human life;
18 (2) attempts to cause or intentionally, knowingly or
19 recklessly causes serious bodily injury to a police officer
20 [or], firefighter or a public official, elected or appointed,
21 in the performance of duty or as a result of his official
22 position, or to an employee of an agency, company or other
23 entity engaged in public transportation, while in the
24 performance of duty;
25 (3) attempts to cause or intentionally or knowingly
26 causes bodily injury to a police officer [or], firefighter or
27 a public official, elected or appointed, in the performance
28 of duty or as a result of his official position;
29 (4) attempts to cause or intentionally or knowingly
30 causes bodily injury to another with a deadly weapon; or
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1 (5) attempts to cause or intentionally or knowingly
2 causes bodily injury to a teaching staff member, school board
3 member, other employee or student of any elementary or
4 secondary publicly-funded educational institution, any
5 elementary or secondary private school licensed by the
6 Department of Education or any elementary or secondary
7 parochial school while acting in the scope of his or her
8 employment or because of his or her employment relationship
9 to the school.
10 (b) Grading.--Aggravated assault under subsection (a)(1) and
11 (2) is a felony of the first degree. Aggravated assault under
12 subsection (a)(3), (4) and (5) is a felony of the second degree.
13 § 4702. Threats and other improper influence in official and
14 political matters.
15 (a) Offenses defined.--A person commits an offense if he:
16 (1) threatens unlawful harm to any person with intent to
17 influence his decision, opinion, recommendation, vote or
18 other exercise of discretion as a public servant, party
19 official or voter;
20 (2) threatens unlawful harm to any public servant with
21 intent to influence his decision, opinion, recommendation,
22 vote or other exercise of discretion in a judicial or
23 administrative proceeding; [or]
24 (3) threatens unlawful harm to any public servant or
25 party official with intent to influence him to violate his
26 known legal duty[.]; or
27 (4) threatens unlawful harm to any public official,
28 appointed or elected, while in the performance of duty or as
29 a result of his official position.
30 (b) Defense prohibited.--It is no defense to prosecution
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1 under this section that a person whom the actor sought to
2 influence was not qualified to act in the desired way, whether
3 because he had not yet assumed office, or lacked jurisdiction,
4 or for any other reason.
5 (c) Grading.--An offense under this section is a misdemeanor
6 of the second degree unless the actor threatened to commit a
7 crime or made a threat with intent to influence a judicial or
8 administrative proceeding, in which cases the offense is a
9 felony of the third degree.
10 Section 2. This act shall take effect in 60 days.
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