PRINTER'S NO. 2
No. 2 Special Session No. 1 of 1995
INTRODUCED BY GREENLEAF, DELP, FISHER, O'PAKE, JUBELIRER,
LOEPER, MELLOW, WENGER, BODACK, HART, SHUMAKER, CORMAN,
BRIGHTBILL, FUMO, LEMMOND, HECKLER, MADIGAN, STEWART,
LAVALLE, ANDREZESKI, PETERSON, ARMSTRONG, BAKER, PUNT,
ROBBINS, MOWERY, HELFRICK, TOMLINSON, ULIANA, GERLACH, BELAN,
MUSTO, PORTERFIELD, STAPLETON, STOUT, DAWIDA, WAGNER,
KASUNIC, SCHWARTZ AND TARTAGLIONE, JANUARY 24, 1995
REFERRED TO JUDICIARY, JANUARY 24, 1995
AN ACT
1 Amending Titles 18 (Crimes and Offenses), 23 (Domestic
2 Relations) and 42 (Judiciary and Judicial Procedure) of the
3 Pennsylvania Consolidated Statutes, further providing for
4 sexual offenses and the consequences of committing sexual
5 offenses, for incest, for prostitution and related offenses
6 and for award of custody; further defining "abuse"; further
7 providing for sexual abuse of children and for information
8 relating to prospective child-care personnel; providing for
9 competency of victims or witnesses; and further providing for
10 sentences against infant persons and for intermediate
11 punishment.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 3101 and 3102 of Title 18 of the
15 Pennsylvania Consolidated Statutes are amended to read:
16 § 3101. Definitions.
17 Subject to additional definitions contained in subsequent
18 provisions of this chapter which are applicable to specific
19 provisions of this chapter, the following words and phrases when
20 used in this chapter shall have, unless the context clearly
1 indicates otherwise, the meanings given to them in this section:
2 "Complainant." An alleged victim of a crime under this
3 chapter.
4 "Deviate sexual intercourse." Sexual intercourse per os or
5 per anus between human beings [who are not husband and wife,]
6 except as provided in section 3128 (relating to spousal sexual
7 assault), and any form of sexual intercourse with an animal. The
8 term also includes penetration, however slight, of the genitals
9 or anus of another person with a foreign object for any purpose
10 other than good faith medical, hygienic or law enforcement
11 procedures.
12 "Foreign object." Includes any physical object not a part of
13 the actor's body.
14 "Indecent contact." Any touching of the sexual or other
15 intimate parts of the person for the purpose of arousing or
16 gratifying sexual desire, in either person.
17 "Sexual intercourse." In addition to its ordinary meaning,
18 includes intercourse per os or per anus, with some penetration
19 however slight; emission is not required.
20 § 3102. Mistake as to age.
21 [Whenever] Except as otherwise provided, whenever in this
22 chapter the criminality of conduct depends on a child being
23 below the age of 14 years, it is no defense that the [actor]
24 defendant did not know the age of the child[,] or reasonably
25 believed the child to be the age of 14 years or older. When
26 criminality depends on the child's being below a critical age
27 [other] older than 14 years, it is a defense for the [actor]
28 defendant to prove by a preponderance of the evidence that he or
29 she reasonably believed the child to be above the critical age.
30 Section 2. Section 3103 of Title 18 is repealed.
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1 Section 3. Sections 3105, 3106, 3121 and 3123 of Title 18
2 are amended to read:
3 § 3105. Prompt complaint.
4 Prompt reporting to public authority is not required in a
5 prosecution under this chapter: Provided, however, That nothing
6 in this section shall be construed to prohibit a defendant from
7 introducing evidence of the [alleged victim's] complainant's
8 failure to promptly report the crime if such evidence would be
9 admissible pursuant to the rules of evidence.
10 § 3106. Testimony of complainants.
11 The credibility of [an alleged victim] a complainant of an
12 offense under this chapter shall be determined by the same
13 standard as is the credibility of [an alleged victim] a
14 complainant of any other crime. The testimony of a [victim]
15 complainant need not be corroborated in prosecutions under this
16 chapter. [In any prosecution before a jury for an offense under
17 this chapter, no] No instructions shall be given cautioning the
18 jury to view the [alleged victim's] complainant's testimony in
19 any other way than that in which all victims' testimony is
20 viewed.
21 § 3121. Rape.
22 (a) Offense defined.--A person commits a felony of the first
23 degree when he or she engages in sexual intercourse with
24 [another person not his spouse] a complainant:
25 (1) by forcible compulsion;
26 (2) by threat of forcible compulsion that would prevent
27 resistance by a person of reasonable resolution;
28 (3) who is unconscious or where the person knows that
29 the complainant is unaware that the sexual intercourse is
30 occurring; [or
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1 (4) who is so mentally deranged or deficient that such
2 person is incapable of consent.
3 Whenever the term "rape" is used in this title or any other
4 title, it is deemed to include spousal sexual assault as further
5 defined in section 3128 (relating to spousal sexual assault).]
6 (4) where the person has substantially impaired the
7 complainant's power to appraise or control his or her conduct
8 by administering or employing, without the knowledge of the
9 complainant, drugs, intoxicants or other means for the
10 purpose of preventing resistance;
11 (5) who suffers from a mental disability which renders
12 him or her incapable of consent; or
13 (6) who is below the age of 12 years.
14 (b) Definition.--As used in this section, "forcible
15 compulsion" includes, but is not limited to, compulsion
16 resulting in another person's death, whether the death occurred
17 before, during or after the sexual intercourse.
18 § 3123. Involuntary deviate sexual intercourse.
19 (a) Offense defined.--A person commits a felony of the first
20 degree when he or she engages in deviate sexual intercourse with
21 [another person] a complainant:
22 (1) by forcible compulsion;
23 (2) by threat of forcible compulsion that would prevent
24 resistance by a person of reasonable resolution;
25 (3) who is unconscious or where the defendant knows that
26 the complainant is unaware that the sexual intercourse is
27 occurring;
28 [(4) who is so mentally deranged or deficient that such
29 person is incapable of consent; or
30 (5) who is less than 16 years of age.]
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1 (4) where the person has substantially impaired the
2 complainant's power to appraise or control his or her conduct
3 by administering or employing, without the knowledge of the
4 complainant, drugs, intoxicants or other means for the
5 purpose of preventing resistance;
6 (5) who suffers from a mental disability which renders
7 him or her incapable of consent;
8 (6) who is less than 12 years of age; or
9 (7) who is less than 16 years of age and the person is
10 four or more years older than the complainant.
11 (b) Definition.--As used in this section, the term "forcible
12 compulsion" includes, but is not limited to, compulsion
13 resulting in another person's death, whether the death occurred
14 before, during or after the sexual intercourse.
15 Section 4. Section 3124 of Title 18 is repealed.
16 Section 5. Title 18 is amended by adding a section to read:
17 § 3124.1. Sexual assault.
18 Except as provided in section 3121 (relating to rape) and
19 section 3123 (relating to involuntary deviate sexual
20 intercourse), a person commits a felony of the second degree
21 when the person engages in sexual intercourse or deviate sexual
22 intercourse with a complainant without the complainant's
23 consent.
24 Section 6. Sections 3125, 3126 and 3127 of Title 18 are
25 amended to read:
26 § 3125. Aggravated indecent assault.
27 Except as provided in sections 3121 (relating to rape), 3122
28 (relating to statutory rape) [and], 3123 (relating to
29 involuntary deviate sexual intercourse)[, a person commits a
30 felony of the second degree when he] and 3124.1 (relating to
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1 sexual assault) a person who engages in penetration, however
2 slight, of the genitals or anus of [another] a complainant with
3 a part of the [actor's] defendant's body for any purpose other
4 than good faith medical, hygienic or law enforcement procedures
5 commits aggravated indecent assault, a felony of the second
6 degree, if:
7 [(1) he does so without the consent of the other person;
8 (2) he knows that the other person suffers from a mental
9 disease or defect which renders him or her incapable of
10 appraising the nature of his or her conduct;
11 (3) he knows that the other person is unaware that the
12 indecent contact is being committed;
13 (4) he has substantially impaired the other person's
14 power to appraise or control his or her conduct by
15 administering or employing, without the knowledge of the
16 other, drugs, intoxicants or other means for the purpose of
17 preventing resistance;
18 (5) the other person is in custody of law or detained in
19 a hospital or other institution and the actor has supervisory
20 or disciplinary authority over him; or
21 (6) he is over 18 years of age and the other person is
22 under 14 years of age.]
23 (1) the person does so without the complainant's
24 consent;
25 (2) the person does so by forcible compulsion;
26 (3) the person does so by threat of forcible compulsion
27 that would prevent resistance by a person of reasonable
28 resolution;
29 (4) the complainant is unconscious or the person knows
30 that the complainant is unaware that the penetration is
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1 occurring;
2 (5) the person has substantially impaired the
3 complainant's power to appraise or control his or her conduct
4 by administering or employing, without the knowledge of the
5 complainant, drugs, intoxicants or other means for the
6 purpose of preventing resistance; and
7 (6) the complainant suffers from a mental disability
8 which renders him or her incapable of consent;
9 (7) the complainant is less than 12 years of age; or
10 (8) the complainant is less than 14 years of age and the
11 person is 18 years of age or older.
12 § 3126. Indecent assault.
13 (a) Offense defined.--A person who has indecent contact with
14 [another not his spouse,] the complainant or causes [such other]
15 the complainant to have indecent contact with [him,] the person
16 is guilty of indecent assault 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;
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
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1 (6) he is over 18 years of age and the other person is
2 under 14 years of age.]
3 (1) the person does so without the complainant's
4 consent;
5 (2) the person does so by forcible compulsion;
6 (3) the person does so by threat of forcible compulsion
7 that would prevent resistance by a person of reasonable
8 resolution;
9 (4) the complainant is unconscious or the person knows
10 that the complainant is unaware that the indecent contact is
11 occurring;
12 (5) the person has substantially impaired the
13 complainant's power to appraise or control his or her conduct
14 by administering or employing, without the knowledge of the
15 complainant, drugs, intoxicants or other means for the
16 purpose of preventing resistance;
17 (6) the complainant suffers from a mental disability
18 which renders him or her incapable of consent;
19 (7) the complainant is less than 12 years of age; or
20 (8) the complainant is less than 16 years of age and the
21 person is four or more years older than the complainant.
22 (b) Grading.--Indecent assault under subsection (a)[(6)] (7)
23 is a misdemeanor of the first degree. Otherwise, indecent
24 assault is a misdemeanor of the second degree.
25 § 3127. Indecent exposure.
26 (a) Offense defined.--A person commits [a misdemeanor of the
27 second degree if, for the purpose of arousing or gratifying
28 sexual desire of himself or of any person other than his spouse,
29 he] indecent exposure if the person exposes his or her genitals
30 in any public place or in any place where there are present
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1 other persons under circumstances in which he or she knows [his]
2 or should know that this conduct is likely to [cause] offend,
3 affront or alarm.
4 (b) Grading.--If the defendant knows or should have known
5 that any of the persons present are less than 16 years of age,
6 indecent exposure under subsection (a) is a misdemeanor of the
7 first degree. Otherwise, indecent exposure under subsection (a)
8 is a misdemeanor of the second degree.
9 Section 7. Section 3128 of Title 18 is repealed.
10 Section 8. Sections 4302, 4303, 5902(e) and 6312 of Title 18
11 are amended to read:
12 § 4302. Incest.
13 A person is guilty of incest, a felony of the second degree,
14 if [he] the person knowingly marries or cohabits or has sexual
15 intercourse with an ancestor or descendant, a brother or sister
16 of the whole or half blood or an uncle, aunt, nephew or niece of
17 the whole blood. The relationships referred to in this section
18 include blood relationships without regard to legitimacy, and
19 relationship of parent and child by adoption or as foster
20 parent.
21 § 4303. Concealing death of child born out of wedlock.
22 (a) Offense defined.--A person is guilty of a misdemeanor of
23 the [third] first degree if he or she endeavors privately,
24 either alone or by the procurement of others, to conceal the
25 death of his or her child [born out of wedlock], so that it may
26 not come to light, whether it was born dead or alive or whether
27 it was murdered or not.
28 (b) Procedure.--If the same indictment or information
29 charges any person with the murder of his or her child [born out
30 of wedlock], as well as with the offense of the concealment of
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1 the death, the jury may acquit or convict him or her of both
2 offenses, or find him or her guilty of one and acquit him or her
3 of the other.
4 § 5902. Prostitution and related offenses.
5 * * *
6 (e) Patronizing prostitutes.--
7 (1) A person commits a [summary offense if he]
8 misdemeanor of the third degree if that person hires a
9 prostitute or any other person [who is 16 years of age or
10 older] to engage in sexual activity with him[,] or her or if
11 [he] the person enters or remains in a house of prostitution
12 for the purpose of engaging in sexual activity. [A person
13 commits a misdemeanor of the third degree if the person hires
14 a prostitute or any other person who is under 16 years of
15 age, whether or not the person is aware of the age of the
16 child.]
17 (2) A person commits a misdemeanor of the third degree if,
18 after being sentenced under paragraph (1), he or she hires a
19 prostitute or any other person to engage in sexual activity with
20 him or her or if the person enters or remains in a house of
21 prostitution for the purpose of engaging in sexual activity.
22 Upon conviction under this paragraph, a defendant shall be
23 sentenced to pay a fine or not less than $300 nor more than
24 $2,500, plus court costs, and to community service of not less
25 than 75 hours. A court imposing a sentence under this paragraph
26 shall publish the sentencing order in a newspaper of general
27 circulation in the judicial district in which the court sits. As
28 used in this paragraph, court costs include the cost of
29 publishing the sentencing order.
30 * * *
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1 § 6312. Sexual abuse of children.
2 (a) Definition.--As used in this section, "prohibited sexual
3 act" means sexual intercourse[, anal intercourse, masturbation,
4 bestiality, sadism, masochism, fellatio, cunnilingus,] as
5 defined in section 3101 (relating to definitions), masturbation,
6 sadism, masochism, bestiality, fellatio, cunnilingus, lewd
7 exhibition of the genitals or nudity if such nudity is depicted
8 for the purpose of sexual stimulation or gratification of any
9 person who might view such depiction.
10 (b) Photographing, videotaping, depicting on computer or
11 filming sexual acts.--Any person who causes or knowingly permits
12 a child under the age of [17] 18 years to engage in a prohibited
13 sexual act or in the simulation of such act is guilty of a
14 felony of the second degree if such person knows, has reason to
15 know or intends that such act may be photographed, videotaped,
16 depicted on computer or filmed. Any person who knowingly
17 photographs, videotapes, depicts on computer or films a child
18 under the age of [17] 18 years engaging in a prohibited sexual
19 act or in the simulation of such an act is guilty of a felony of
20 the second degree.
21 (c) Dissemination of photographs, videotapes, computer
22 depictions and films.--Any person who knowingly sells,
23 distributes, delivers, disseminates, transfers, displays or
24 exhibits to others, or who possesses for the purpose of sale,
25 distribution, delivery, dissemination, transfer, display or
26 exhibition to others, any book, magazine, pamphlet, slide,
27 photograph, film, videotape, computer depiction or other
28 material depicting a child under the age of [17] 18 years
29 engaging in a prohibited sexual act or in the simulation of such
30 act is guilty of a felony of the third degree.
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1 (d) Possession of child pornography.--Any person who
2 knowingly possesses or controls any book, magazine, pamphlet,
3 slide, photograph, film, videotape, computer depiction or other
4 material depicting a child under the age of [17] 18 years
5 engaging in a prohibited sexual act or in the simulation of such
6 act is guilty of a felony of the third degree.
7 (e) Evidence of age.--In the event a person involved in a
8 prohibited sexual act is alleged to be a child under the age of
9 [17] 18 years, competent expert testimony shall be sufficient to
10 establish the age of said person.
11 (e.1) Mistake as to age.--Under subsection (b) only, it is
12 no defense that the defendant did not know the age of the child.
13 Neither a misrepresentation of age by the child nor a bona fide
14 belief that the person is over the specified age shall be a
15 defense.
16 (f) Exceptions.--This section does not apply to any material
17 that is possessed, controlled, brought or caused to be brought
18 into this Commonwealth, or presented for a bona fide
19 educational, scientific, governmental or judicial purpose.
20 Section 9. Section 5303(b) of Title 23 is amended to read:
21 § 5303. Award of custody, partial custody or visitation.
22 * * *
23 (b) Consideration of criminal conviction.--If a parent has
24 been convicted of or has pleaded guilty or no contest to an
25 offense as set forth below, the court shall consider such
26 criminal conduct and shall determine that the parent does not
27 pose a threat of harm to the child before making an order of
28 custody, partial custody or visitation to that parent:
29 (1) 18 Pa.C.S. Ch. 25 (relating to criminal homicide);
30 (2) 18 Pa.C.S. § 2901 (relating to kidnapping);
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1 (3) 18 Pa.C.S. § 2902 (relating to unlawful restraint);
2 (4) 18 Pa.C.S. § 3121 (relating to rape);
3 (5) 18 Pa.C.S. § 3122 (relating to statutory rape);
4 (6) 18 Pa.C.S. § 3123 (relating to involuntary deviate
5 sexual intercourse);
6 (7) 18 Pa.C.S. § 3124.1 (relating to sexual assault);
7 (8) 18 Pa.C.S. § 3125 (relating to aggravated indecent
8 assault);
9 [(7)] (9) 18 Pa.C.S. § 3126 (relating to indecent
10 assault);
11 (10) 18 Pa.C.S. § 3127 (relating to indecent exposure);
12 [(8)] (11) 18 Pa.C.S. § 4302 (relating to incest);
13 [(9)] (12) 18 Pa.C.S. § 4304 (relating to endangering
14 welfare of children);
15 [(10)] (13) 18 Pa.C.S. § 5902(b) (relating to
16 prostitution and related offenses); or
17 [(11)] (14) 18 Pa.C.S. § 6312 (relating to sexual abuse
18 of children).
19 * * *
20 Section 10. The definition of "abuse" in section 6102 of
21 Title 23, amended October 6, 1994 (P.L.574, No.85), is amended
22 to read:
23 § 6102. Definitions.
24 (a) General rule.--The following words and phrases when used
25 in this chapter shall have the meanings given to them in this
26 section unless the context clearly indicates otherwise:
27 "Abuse." The occurrence of one or more of the following acts
28 between family or household members, sexual or intimate partners
29 or persons who share biological parenthood:
30 (1) Attempting to cause or intentionally, knowingly or
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1 recklessly causing bodily injury, serious bodily injury,
2 rape, [spousal sexual assault or] involuntary deviate sexual
3 intercourse, sexual assault, statutory rape, aggravated
4 indecent assault or incest with or without a deadly weapon.
5 (2) Placing another in reasonable fear of imminent
6 serious bodily injury.
7 (3) The infliction of false imprisonment pursuant to 18
8 Pa.C.S. § 2903 (relating to false imprisonment).
9 (4) Physically or sexually abusing minor children,
10 including such terms as defined in Chapter 63 (relating to
11 child protective services).
12 (5) Knowingly engaging in a course of conduct or
13 repeatedly committing acts toward another person, including
14 following the person, without proper authority, under
15 circumstances which place the person in reasonable fear of
16 bodily injury. The definition of this paragraph applies only
17 to proceedings commenced under this title and is inapplicable
18 to any criminal prosecutions commenced under Title 18
19 (relating to crimes and offenses).
20 * * *
21 Section 11. The definition of "sexual abuse or exploitation"
22 in section 6303 of Title 23, amended December 16, 1994 (P.L.
23 , No.151), is amended to read:
24 § 6303. Definitions.
25 The following words and phrases when used in this chapter
26 shall have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 * * *
29 "Sexual abuse or exploitation." The employment, use,
30 persuasion, inducement, enticement or coercion of any child to
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1 engage in or assist any other person to engage in any sexually
2 explicit conduct, or any simulation of any sexually explicit
3 conduct, for the purpose of producing any visual depiction,
4 including photographing, videotaping, computer depicting or
5 filming, of any sexually explicit conduct, or the rape, sexual
6 assault, involuntary deviate sexual intercourse, aggravated
7 indecent assault, molestation, incest, indecent exposure,
8 prostitution, statutory rape, or other forms of sexual
9 exploitation of children.
10 * * *
11 Section 12. Section 6344(c) of Title 23, amended December
12 16, 1994 (P.L. , No.151), is amended to read:
13 § 6344. Information relating to prospective child-care
14 personnel.
15 * * *
16 (c) Grounds for denying employment.--In no case shall an
17 administrator hire an applicant where the department has
18 verified that the applicant is named in the central register as
19 the perpetrator of a founded report of child abuse committed
20 within the five-year period immediately preceding verification
21 pursuant to this section. In no case shall an administrator hire
22 an applicant if the applicant's criminal history record
23 information indicates the applicant has been convicted of one or
24 more of the following offenses under Title 18 (relating to
25 crimes and offenses):
26 Chapter 25 (relating to criminal homicide).
27 Section 2702 (relating to aggravated assault).
28 Section 2709 (relating to harassment and stalking).
29 Section 2901 (relating to kidnapping).
30 Section 2902 (relating to unlawful restraint).
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1 Section 3121 (relating to rape).
2 Section 3122 (relating to statutory rape).
3 Section 3123 (relating to involuntary deviate sexual
4 intercourse).
5 Section 3124.1 (relating to sexual assault).
6 Section 3125 (relating to aggravated indecent assault).
7 Section 3126 (relating to indecent assault).
8 Section 3127 (relating to indecent exposure).
9 [Section 4303 (relating to concealing death of child born
10 out of wedlock).]
11 Section 4302 (relating to incest).
12 Section 4304 (relating to endangering welfare of
13 children).
14 Section 4305 (relating to dealing in infant children).
15 A felony offense under section 5902(b) (relating to
16 prostitution and related offenses).
17 Section 5903(c) or (d) (relating to obscene and other
18 sexual materials and performances).
19 Section 6301 (relating to corruption of minors).
20 Section 6312 (relating to sexual abuse of children).
21 * * *
22 Section 13. Section 5552(b) of Title 42 is amended to read:
23 § 5552. Other offenses.
24 * * *
25 (b) Major offenses.--A prosecution for any of the following
26 offenses must be commenced within five years after it is
27 committed:
28 (1) Under the following provisions of Title 18 (relating
29 to crimes and offenses):
30 Section 911 (relating to corrupt organizations).
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1 Section 2706 (relating to terroristic threats).
2 Section 2901 (relating to kidnapping).
3 Section 3121 (relating to rape).
4 Section 3122 (relating to statutory rape).
5 Section 3123 (relating to involuntary deviate sexual
6 intercourse).
7 Section 3124.1 (relating to sexual assault).
8 Section 3125 (relating to aggravated indecent
9 assault).
10 Section 3301 (relating to arson and related
11 offenses).
12 Section 3502 (relating to burglary).
13 Section 3701 (relating to robbery).
14 Section 3921 (relating to theft by unlawful taking or
15 disposition) through section 3931 (relating to theft of
16 unpublished dramas and musical compositions).
17 Section 4101 (relating to forgery).
18 Section 4108 (relating to commercial bribery and
19 breach of duty to act disinterestedly).
20 Section 4109 (relating to rigging publicly exhibited
21 contest).
22 Section 4302 (relating to incest).
23 Section 4701 (relating to bribery in official and
24 political matters) through section 4703 (relating to
25 retaliation for past official action).
26 Section 4902 (relating to perjury) through section
27 4912 (relating to impersonating a public servant).
28 Section 4952 (relating to intimidation of witnesses
29 or victims).
30 Section 4953 (relating to retaliation against witness
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1 or victim).
2 Section 5101 (relating to obstructing administration
3 of law or other governmental function).
4 Section 5512 (relating to lotteries, etc.) through
5 section 5514 (relating to pool selling and bookmaking).
6 Section 5902(b) (relating to prostitution and related
7 offenses).
8 Section 6312 (relating to sexual abuse of children).
9 (2) Any offense punishable under section 13(f) of the
10 act of April 14, 1972 (P.L.233, No.64), known as "The
11 Controlled Substance, Drug, Device and Cosmetic Act."
12 (3) Any conspiracy to commit any of the offenses set
13 forth in paragraphs (1) and (2) and any solicitation to
14 commit any of the offenses in paragraphs (1) and (2) if the
15 solicitation results in the completed offense.
16 (4) Under the act of June 13, 1967 (P.L.31, No.21),
17 known as the "Public Welfare Code."
18 * * *
19 Section 14. Title 42 is amended by adding a section to read:
20 § 5989. Competency of victim or witness.
21 (a) General rule.--Every person who is an alleged victim of
22 or witness to a crime shall be presumed competent to testify in
23 any judicial proceeding regarding the alleged offense, except as
24 provided in subsection (b).
25 (b) Disqualification.--A person shall be disqualified to be
26 a witness if the court finds that the proposed witness is
27 incapable of:
28 (1) expressing himself or herself concerning the matter
29 so as to be understood by the judge and jury either directly
30 or through interpretation by a person with no direct interest
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1 in the proceedings who can understand him or her;
2 (2) understanding the duty of a witness to tell the
3 truth; or
4 (3) remembering the event about which the witness is
5 called to testify.
6 (c) Oath not required.--A child under ten years of age, in
7 the court's discretion, need not take an oath or make an
8 affirmation or declaration, but may be required only to promise
9 to tell the truth.
10 Section 15. Sections 9718 and 9729(c) of Title 42 are
11 amended to read:
12 § 9718. Sentences for offenses against infant persons.
13 (a) Mandatory sentence.--
14 (1) A person convicted of the following offenses when
15 the victim is under 16 years of age shall be sentenced to a
16 mandatory term of imprisonment as follows:
17 18 Pa.C.S. § 2702(a)(1) [and (4)] (relating to aggravated
18 assault) - not less than [two] five years.
19 18 Pa.C.S. § 3121 (relating to rape) - not less than five
20 years.
21 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
22 intercourse) - not less than five years.
23 (2) A person convicted of the following offenses when the
24 victim is less than 13 years of age shall be sentenced to a
25 mandatory term or imprisonment as follows:
26 18 Pa.C.S. § 3125 (relating to aggravated indecent
27 assault) - not less than two and one-half years.
28 (b) Eligibility for parole.--Parole shall not be granted
29 until the minimum term of imprisonment has been served.
30 § 9729. Intermediate punishment.
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1 * * *
2 (c) Ineligibility.--
3 (1) A person convicted of any of the following offenses
4 shall be ineligible for sentencing under this section:
5 18 Pa.C.S. § 2502 (relating to murder).
6 18 Pa.C.S. § 2503 (relating to voluntary
7 manslaughter).
8 18 Pa.C.S. § 2702 (relating to aggravated assault).
9 18 Pa.C.S. § 2703 (relating to assault by prisoner).
10 18 Pa.C.S. § 2704 (relating to assault by life
11 prisoner).
12 18 Pa.C.S. § 2901 (relating to kidnapping).
13 18 Pa.C.S. § 3121 (relating to rape).
14 18 Pa.C.S. § 3122 (relating to statutory rape).
15 18 Pa.C.S. § 3123 (relating to involuntary deviate
16 sexual intercourse).
17 18 Pa.C.S. § 3124.1 (relating to sexual assault).
18 18 Pa.C.S. § 3125 (relating to aggravated indecent
19 assault).
20 18 Pa.C.S. § 3126 (relating to indecent assault).
21 18 Pa.C.S. § 3301 (relating to arson and related
22 offenses).
23 18 Pa.C.S. § 3701 (relating to robbery).
24 18 Pa.C.S. § 3923 (relating to theft by extortion).
25 18 Pa.C.S. § 4302 (relating to incest).
26 18 Pa.C.S. § 5121 (relating to escape).
27 (2) An offense under this subsection also includes a
28 conviction under 18 Pa.C.S. § 3502 (relating to burglary)
29 where the grading of the offense was a felony of the first
30 degree under section 3502(c)(1).
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1 (3) A person sentenced under 18 Pa.C.S. § 6314 (relating
2 to sentencing and penalties for trafficking drugs to minors)
3 or 7508 (relating to drug trafficking sentencing and
4 penalties) shall be ineligible for sentencing under this
5 section.
6 Section 16. This act shall apply as follows:
7 (1) The amendment or addition of 18 Pa.C.S. §§ 3101,
8 3102, 3105, 3106, 3121, 3123, 3124.1, 3125, 3126, 3127, 4302,
9 4303, 5902(e) and 6312 shall apply to offenses committed on
10 or after the effective date of this act.
11 (2) The addition of 42 Pa.C.S. § 5989 shall apply to
12 proceedings conducted on or after the effective date of this
13 act.
14 Section 17. This act shall take effect in 60 days.
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