SENATE AMENDED
PRIOR PRINTER'S NOS. 602, 1435, 1651, PRINTER'S NO. 3097
2466
No. 569 Session of 1995
INTRODUCED BY O'BRIEN, MAYERNIK, DENT, HENNESSEY, CLARK, WOGAN,
CORRIGAN, TIGUE, ROONEY, GEIST, FLICK, KELLER, WAUGH, TRELLO,
NAILOR, RAYMOND, BLAUM, E. Z. TAYLOR, MERRY, L. I. COHEN,
MARSICO, J. TAYLOR, BARD, EGOLF AND KENNEY, FEBRUARY 2, 1995
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, FEBRUARY 6, 1996
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for aggravated
3 assault; AND PROHIBITING CERTAIN ENTERTAINMENT IN SPECIFIED <--
4 ESTABLISHMENTS.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2702 of Title 18 of the Pennsylvania <--
8 Consolidated Statutes is amended to read:
9 § 2702. Aggravated assault.
10 (a) Offense defined.--A person is guilty of aggravated
11 assault if he:
12 (1) attempts to cause serious bodily injury to another,
13 or causes such injury intentionally, knowingly or recklessly
14 under circumstances manifesting extreme indifference to the
15 value of human life;
16 (2) attempts to cause or intentionally, knowingly or
17 recklessly causes serious bodily injury to [a police officer,
1 firefighter, county adult probation or parole officer, county
2 juvenile probation or parole officer or an agent of the
3 Pennsylvania Board of Probation and Parole in the performance
4 of duty or to] any of the officers, agents, employees or
5 other persons enumerated in subsection (c) or to an employee
6 of an agency, company or other entity engaged in public
7 transportation, while in the performance of duty;
8 (3) attempts to cause or intentionally or knowingly
9 causes bodily injury to [a police officer, firefighter or
10 county adult probation or parole officer, county juvenile
11 probation or parole officer or an agent of the Pennsylvania
12 Board of Probation and Parole] any of the officers, agents,
13 employees or other persons enumerated in subsection (c), in
14 the performance of duty;
15 (4) attempts to cause or intentionally or knowingly
16 causes bodily injury to another with a deadly weapon; [or]
17 (5) attempts to cause or intentionally or knowingly
18 causes bodily injury to a teaching staff member, school board
19 member, other employee or student of any elementary or
20 secondary publicly-funded educational institution, any
21 elementary or secondary private school licensed by the
22 Department of Education or any elementary or secondary
23 parochial school while acting in the scope of his or her
24 employment or because of his or her employment relationship
25 to the school[.]; or
26 (6) attempts by physical menace to put any of the
27 officers, agents, employees or other persons enumerated in
28 subsection (c), while in the performance of duty, in fear of
29 imminent serious bodily injury.
30 (b) Grading.--Aggravated assault under subsection (a)(1) and
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1 (2) is a felony of the first degree. Aggravated assault under
2 subsection (a)(3), (4) [and (5)], (5) and (6) is a felony of the
3 second degree.
4 SECTION 1. SECTION 2702 OF TITLE 18 OF THE PENNSYLVANIA <--
5 CONSOLIDATED STATUTES, AMENDED JULY 6, 1995 (P.L.238, NO.27), IS
6 AMENDED TO READ:
7 § 2702. AGGRAVATED ASSAULT.
8 (A) OFFENSE DEFINED.--A PERSON IS GUILTY OF AGGRAVATED
9 ASSAULT IF HE:
10 (1) ATTEMPTS TO CAUSE SERIOUS BODILY INJURY TO ANOTHER,
11 OR CAUSES SUCH INJURY INTENTIONALLY, KNOWINGLY OR RECKLESSLY
12 UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE
13 VALUE OF HUMAN LIFE;
14 (2) ATTEMPTS TO CAUSE OR INTENTIONALLY, KNOWINGLY OR
15 RECKLESSLY CAUSES SERIOUS BODILY INJURY TO [A JUDGE, DISTRICT
16 JUSTICE, SHERIFF, DEPUTY SHERIFF, CONSTABLE, DEPUTY
17 CONSTABLE, PSYCHIATRIC AIDE, POLICE OFFICER, FIREFIGHTER,
18 COUNTY ADULT PROBATION OR PAROLE OFFICER, COUNTY JUVENILE
19 PROBATION OR PAROLE OFFICER OR AN AGENT OF THE PENNSYLVANIA
20 BOARD OF PROBATION AND PAROLE IN THE PERFORMANCE OF DUTY] ANY
21 OF THE OFFICERS, AGENTS, EMPLOYEES OR OTHER PERSONS
22 ENUMERATED IN SUBSECTION (C) OR TO AN EMPLOYEE OF AN AGENCY,
23 COMPANY OR OTHER ENTITY ENGAGED IN PUBLIC TRANSPORTATION,
24 WHILE IN THE PERFORMANCE OF DUTY [OR TO AN EMPLOYEE OF A <--
25 COUNTY JAIL, PRISON, CORRECTIONAL INSTITUTION, JUVENILE
26 DETENTION CENTER OR ANY FACILITY TO WHICH THE PERSON HAS BEEN
27 ORDERED BY THE COURT PURSUANT TO A PETITION ALLEGING
28 DELINQUENCY UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE
29 MATTERS)]; <--
30 (3) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY
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1 CAUSES BODILY INJURY TO [A JUDGE, DISTRICT JUSTICE, SHERIFF,
2 DEPUTY SHERIFF, CONSTABLE, DEPUTY CONSTABLE, PSYCHIATRIC
3 AIDE, POLICE OFFICER, FIREFIGHTER OR COUNTY ADULT PROBATION
4 OR PAROLE OFFICER, COUNTY JUVENILE PROBATION OR PAROLE
5 OFFICER OR AN AGENT OF THE PENNSYLVANIA BOARD OF PROBATION
6 AND PAROLE] ANY OF THE OFFICERS, AGENTS, EMPLOYEES OR OTHER
7 PERSONS ENUMERATED IN SUBSECTION (C), IN THE PERFORMANCE OF
8 DUTY [OR TO AN EMPLOYEE OF A COUNTY JAIL, PRISON, <--
9 CORRECTIONAL INSTITUTION, JUVENILE DETENTION CENTER OR ANY
10 FACILITY TO WHICH THE PERSON HAS BEEN ORDERED BY THE COURT
11 PURSUANT TO A PETITION ALLEGING DELINQUENCY UNDER 42 PA.C.S.
12 CH. 63]; <--
13 (4) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY
14 CAUSES BODILY INJURY TO ANOTHER WITH A DEADLY WEAPON; [OR]
15 (5) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY
16 CAUSES BODILY INJURY TO A TEACHING STAFF MEMBER, SCHOOL BOARD
17 MEMBER, OTHER EMPLOYEE OR STUDENT OF ANY ELEMENTARY OR
18 SECONDARY PUBLICLY-FUNDED EDUCATIONAL INSTITUTION, ANY
19 ELEMENTARY OR SECONDARY PRIVATE SCHOOL LICENSED BY THE
20 DEPARTMENT OF EDUCATION OR ANY ELEMENTARY OR SECONDARY
21 PAROCHIAL SCHOOL WHILE ACTING IN THE SCOPE OF HIS OR HER
22 EMPLOYMENT OR BECAUSE OF HIS OR HER EMPLOYMENT RELATIONSHIP
23 TO THE SCHOOL[.]; OR
24 (6) ATTEMPTS BY PHYSICAL MENACE TO PUT ANY OF THE
25 OFFICERS, AGENTS, EMPLOYEES OR OTHER PERSONS ENUMERATED IN
26 SUBSECTION (C), WHILE IN THE PERFORMANCE OF DUTY, IN FEAR OF
27 IMMINENT SERIOUS BODILY INJURY.
28 (B) GRADING.--AGGRAVATED ASSAULT UNDER SUBSECTION (A)(1) AND
29 (2) IS A FELONY OF THE FIRST DEGREE. AGGRAVATED ASSAULT UNDER
30 SUBSECTION (A)(3), (4) [AND (5)], (5) AND (6) IS A FELONY OF THE
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1 SECOND DEGREE.
2 (c) Officers, employees, etc. enumerated.--The officers,
3 agents, employees and other persons referred to in subsection
4 (a) shall be as follows:
5 (1) Police officer.
6 (2) Firefighter.
7 (3) County adult probation or parole officer.
8 (4) County juvenile probation or parole officer.
9 (5) An agent of the Pennsylvania Board of Probation and
10 Parole.
11 (6) Sheriff.
12 (7) Deputy sheriff.
13 (8) Liquor control enforcement agent.
14 (9) Officer or employee of a correctional institution, <--
15 COUNTY JAIL OR PRISON, JUVENILE DETENTION CENTER OR ANY OTHER
16 FACILITY TO WHICH THE PERSON HAS BEEN ORDERED BY THE COURT
17 PURSUANT TO A PETITION ALLEGING DELINQUENCY UNDER 42 PA.C.S.
18 CH. 63 (RELATING TO JUVENILE MATTERS).
19 (10) Judge of any court in the unified judicial system.
20 (11) The Attorney General.
21 (12) A deputy attorney general.
22 (13) A district attorney.
23 (14) An assistant district attorney.
24 (15) A public defender.
25 (16) An assistant public defender.
26 (17) A Federal law enforcement official.
27 (18) A State law enforcement official.
28 (19) A local law enforcement official.
29 (20) Any person employed to assist or who assists any
30 Federal, State or local law enforcement official.
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1 (21) Emergency medical services personnel.
2 (22) Parking enforcement officer.
3 (23) A DISTRICT JUSTICE. <--
4 (24) A CONSTABLE.
5 (25) A DEPUTY CONSTABLE.
6 (26) A PSYCHIATRIC AIDE.
7 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ: <--
8 § 7329. PROHIBITION OF CERTAIN TYPES OF ENTERTAINMENT ON BOTTLE
9 CLUB PREMISES.
10 (A) OFFENSE DEFINED.--NO BOTTLE CLUB OPERATOR, OR SERVANTS,
11 AGENTS OR EMPLOYEES OF THE SAME, SHALL KNOWINGLY PERMIT ON
12 PREMISES USED AS A BOTTLE CLUB OR IN ANY PLACE OPERATED IN
13 CONNECTION THEREWITH ANY LEWD, IMMORAL OR IMPROPER
14 ENTERTAINMENT.
15 (B) PENALTY FOR VIOLATION.--ANY PERSON WHO VIOLATES
16 SUBSECTION (A) COMMITS A SUMMARY OFFENSE.
17 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
18 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
19 SUBSECTION:
20 "BOTTLE CLUB." AN ESTABLISHMENT CONFORMING TO THE DEFINITION
21 SET FORTH IN SECTION 7328(C) (RELATING TO OPERATION OF CERTAIN
22 ESTABLISHMENTS PROHIBITED WITHOUT LOCAL OPTION).
23 "LEWD, IMMORAL OR IMPROPER ENTERTAINMENT." INCLUDES, BUT IS
24 NOT LIMITED TO, THE FOLLOWING ACTS OF CONDUCT:
25 (1) ACTS OR SIMULATED ACTS OF SEXUAL INTERCOURSE,
26 MASTURBATION, SODOMY, BESTIALITY, ORAL COPULATION,
27 FLAGELLATION OR EXCRETION OR ANY SEXUAL ACTS WHICH ARE
28 PROHIBITED BY LAW.
29 (2) ANY PERSON BEING TOUCHED, CARESSED OR FONDLED ON THE
30 BUTTOCKS, ANUS, VULVA, GENITALS OR FEMALE BREASTS. THIS
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1 PARAGRAPH INCLUDES SIMULATION.
2 (3) SCENES WHEREIN A PERSON DISPLAYS OR EXPOSES TO VIEW
3 ANY PORTION OF THE PUBIC AREA, ANUS, CLEFT OF THE BUTTOCKS,
4 VULVA, GENITALS OR ANY PORTION OF THE FEMALE BREAST DIRECTLY
5 OR LATERALLY BELOW THE TOP OF THE AREOLA. THIS PARAGRAPH
6 INCLUDES SIMULATION.
7 (4) SCENES WHEREIN ARTIFICIAL DEVICES OR INANIMATE
8 OBJECTS ARE EMPLOYED TO PORTRAY ANY OF THE PROHIBITED
9 ACTIVITIES DESCRIBED IN PARAGRAPH (1), (2) OR (3).
10 (5) EMPLOYMENT OR USE OF ANY PERSON IN THE SALE AND
11 SERVICE OF ALCOHOLIC BEVERAGES WHILE SUCH PERSON IS UNCLOTHED
12 OR IN SUCH ATTIRE, COSTUME OR CLOTHING AS TO EXPOSE TO VIEW
13 ANY PORTION OF THE ANATOMY DESCRIBED IN PARAGRAPH (3).
14 (6) EMPLOYMENT OR USE OF THE SERVICES OF A PERSON WHILE
15 THE PERSON IS UNCLOTHED OR IN SUCH ATTIRE AS TO EXPOSE TO
16 VIEW ANY PORTION OF THE ANATOMY DESCRIBED IN PARAGRAPH (3).
17 (7) PERMITTING ANY PERSON ON THE PREMISES TO TOUCH,
18 CARESS OR FONDLE THE BUTTOCKS, ANUS, VULVA, GENITALS OR
19 FEMALE BREASTS OF ANY OTHER PERSON.
20 (8) PERMITTING ANY PERSON ON THE PREMISES WHILE SUCH
21 PERSON IS UNCLOTHED OR IN SUCH ATTIRE AS TO EXPOSE TO VIEW
22 ANY PORTION OF THE ANATOMY DESCRIBED IN PARAGRAPH (3).
23 (9) PERMITTING ANY PERSON TO WEAR OR USE ANY DEVICE OR
24 COVERING EXPOSED TO VIEW WHICH SIMULATES THE HUMAN BUTTOCKS,
25 ANUS, VULVA, GENITALS OR FEMALE BREASTS.
26 (10) PERMITTING ANY PERSON TO SHOW, DISPLAY OR EXHIBIT
27 ON THE PREMISES ANY FILM, STILL PICTURE, ELECTRONIC
28 REPRODUCTION OR ANY OTHER VISUAL REPRODUCTION OR IMAGE THE
29 CONTENT OF WHICH PRIMARILY DEPICTS GRAPHIC SEXUAL ACTS AS
30 DESCRIBED IN PARAGRAPHS (1) AND (4).
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1 Section 2 3. This act shall take effect in 60 days. <--
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