PRIOR PRINTER'S NO. 2 PRINTER'S NO. 48
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, TARTAGLIONE AND AFFLERBACH,
JANUARY 24, 1995
AS AMENDED ON THIRD CONSIDERATION, JANUARY 31, 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
1 used in this chapter shall have, unless the context clearly
2 indicates otherwise, the meanings given to them in this section:
3 "Complainant." An alleged victim of a crime under this
4 chapter.
5 "Deviate sexual intercourse." Sexual intercourse per os or
6 per anus between human beings [who are not husband and wife,]
7 except as provided in section 3128 (relating to spousal sexual
8 assault), and any form of sexual intercourse with an animal. The
9 term also includes penetration, however slight, of the genitals
10 or anus of another person with a foreign object for any purpose
11 other than good faith medical, hygienic or law enforcement
12 procedures.
13 "Foreign object." Includes any physical object not a part of
14 the actor's body.
15 "Indecent contact." Any touching of the sexual or other
16 intimate parts of the person for the purpose of arousing or
17 gratifying sexual desire, in either person.
18 "Sexual intercourse." In addition to its ordinary meaning,
19 includes intercourse per os or per anus, with some penetration
20 however slight; emission is not required.
21 § 3102. Mistake as to age.
22 [Whenever] Except as otherwise provided, whenever in this
23 chapter the criminality of conduct depends on a child being
24 below the age of 14 years, it is no defense that the [actor]
25 defendant did not know the age of the child[,] or reasonably
26 believed the child to be the age of 14 years or older. When
27 criminality depends on the child's being below a critical age
28 [other] older than 14 years, it is a defense for the [actor]
29 defendant to prove by a preponderance of the evidence that he or
30 she reasonably believed the child to be above the critical age.
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1 Section 2. Section 3103 of Title 18 is repealed.
2 Section 3. Sections 3105, 3106, 3121 and 3123 of Title 18
3 are amended to read:
4 § 3105. Prompt complaint.
5 Prompt reporting to public authority is not required in a
6 prosecution under this chapter: Provided, however, That nothing
7 in this section shall be construed to prohibit a defendant from
8 introducing evidence of the [alleged victim's] complainant's
9 failure to promptly report the crime if such evidence would be
10 admissible pursuant to the rules of evidence.
11 § 3106. Testimony of complainants.
12 The credibility of [an alleged victim] a complainant of an
13 offense under this chapter shall be determined by the same
14 standard as is the credibility of [an alleged victim] a
15 complainant of any other crime. The testimony of a [victim]
16 complainant need not be corroborated in prosecutions under this
17 chapter. [In any prosecution before a jury for an offense under
18 this chapter, no] No instructions shall be given cautioning the
19 jury to view the [alleged victim's] complainant's testimony in
20 any other way than that in which all victims' testimony is
21 viewed.
22 § 3121. Rape.
23 (a) Offense defined.--A person commits a felony of the first
24 degree when he or she engages in sexual intercourse with
25 [another person not his spouse] a complainant:
26 (1) by forcible compulsion;
27 (2) by threat of forcible compulsion that would prevent
28 resistance by a person of reasonable resolution;
29 (3) who is unconscious or where the person knows that
30 the complainant is unaware that the sexual intercourse is
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1 occurring; [or
2 (4) who is so mentally deranged or deficient that such
3 person is incapable of consent.
4 Whenever the term "rape" is used in this title or any other
5 title, it is deemed to include spousal sexual assault as further
6 defined in section 3128 (relating to spousal sexual assault).]
7 (4) where the person has substantially impaired the
8 complainant's power to appraise or control his or her conduct
9 by administering or employing, without the knowledge of the
10 complainant, drugs, intoxicants or other means for the
11 purpose of preventing resistance;
12 (5) who suffers from a mental disability which renders
13 him or her incapable of consent; or
14 (6) who is below the age of 12 years.
15 (b) Definition.--As used in this section, "forcible
16 compulsion" includes, but is not limited to, compulsion
17 resulting in another person's death, whether the death occurred
18 before, during or after the sexual intercourse.
19 § 3123. Involuntary deviate sexual intercourse.
20 (a) Offense defined.--A person commits a felony of the first
21 degree when he or she engages in deviate sexual intercourse with
22 [another person] a complainant:
23 (1) by forcible compulsion;
24 (2) by threat of forcible compulsion that would prevent
25 resistance by a person of reasonable resolution;
26 (3) who is unconscious or where the defendant knows that
27 the complainant is unaware that the sexual intercourse is
28 occurring;
29 [(4) who is so mentally deranged or deficient that such
30 person is incapable of consent; or
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1 (5) who is less than 16 years of age.]
2 (4) where 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;
7 (5) who suffers from a mental disability which renders
8 him or her incapable of consent;
9 (6) who is less than 12 years of age; or
10 (7) who is less than 16 years of age and the person is
11 four or more years older than the complainant AND THE <--
12 COMPLAINANT AND DEFENDANT ARE NOT MARRIED.
13 (b) Definition.--As used in this section, the term "forcible
14 compulsion" includes, but is not limited to, compulsion
15 resulting in another person's death, whether the death occurred
16 before, during or after the sexual intercourse.
17 Section 4. Section 3124 of Title 18 is repealed.
18 Section 5. Title 18 is amended by adding a section to read:
19 § 3124.1. Sexual assault.
20 Except as provided in section 3121 (relating to rape) and
21 section 3123 (relating to involuntary deviate sexual
22 intercourse), a person commits a felony of the second degree
23 when the person engages in sexual intercourse or deviate sexual
24 intercourse with a complainant without the complainant's
25 consent.
26 Section 6. Sections 3125, 3126 and 3127 of Title 18 are
27 amended to read:
28 § 3125. Aggravated indecent assault.
29 Except as provided in sections 3121 (relating to rape), 3122
30 (relating to statutory rape) [and], 3123 (relating to
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1 involuntary deviate sexual intercourse)[, a person commits a
2 felony of the second degree when he] and 3124.1 (relating to
3 sexual assault) a person who engages in penetration, however
4 slight, of the genitals or anus of [another] a complainant with
5 a part of the [actor's] defendant's body for any purpose other
6 than good faith medical, hygienic or law enforcement procedures
7 commits aggravated indecent assault, a felony of the second
8 degree, if:
9 [(1) he does so without the consent of the other person;
10 (2) he knows that the other person suffers from a mental
11 disease or defect which renders him or her incapable of
12 appraising the nature of his or her conduct;
13 (3) he knows that the other person is unaware that the
14 indecent contact is being committed;
15 (4) he has substantially impaired the other person's
16 power to appraise or control his or her conduct by
17 administering or employing, without the knowledge of the
18 other, drugs, intoxicants or other means for the purpose of
19 preventing resistance;
20 (5) the other person is in custody of law or detained in
21 a hospital or other institution and the actor has supervisory
22 or disciplinary authority over him; or
23 (6) he is over 18 years of age and the other person is
24 under 14 years of age.]
25 (1) the person does so without the complainant's
26 consent;
27 (2) the person does so by forcible compulsion;
28 (3) the person does so by threat of forcible compulsion
29 that would prevent resistance by a person of reasonable
30 resolution;
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1 (4) the complainant is unconscious or the person knows
2 that the complainant is unaware that the penetration is
3 occurring;
4 (5) the person has substantially impaired the
5 complainant's power to appraise or control his or her conduct
6 by administering or employing, without the knowledge of the
7 complainant, drugs, intoxicants or other means for the
8 purpose of preventing resistance; and <--
9 (6) the complainant suffers from a mental disability
10 which renders him or her incapable of consent;
11 (7) the complainant is less than 12 years of age; or
12 (8) the complainant is less than 14 years of age and the
13 person is 18 years of age or older AND THE COMPLAINANT AND <--
14 DEFENDANT ARE NOT MARRIED.
15 § 3126. Indecent assault.
16 (a) Offense defined.--A person who has indecent contact with
17 [another not his spouse,] the complainant or causes [such other]
18 the complainant to have indecent contact with [him,] the person
19 is guilty of indecent assault if:
20 [(1) he does so without the consent of the other person;
21 (2) he knows that the other person suffers from a mental
22 disease or defect which renders him or her incapable of
23 appraising the nature of his or her conduct;
24 (3) he knows that the other person is unaware that a
25 indecent contact is being committed;
26 (4) he has substantially impaired the other person's
27 power to appraise or control his or her conduct by
28 administering or employing without the knowledge of the other
29 drugs, intoxicants or other means for the purpose of
30 preventing resistance;
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1 (5) the other person is in custody of law or detained in
2 a hospital or other institution and the actor has supervisory
3 or disciplinary authority over him; or
4 (6) he is over 18 years of age and the other person is
5 under 14 years of age.]
6 (1) the person does so without the complainant's
7 consent;
8 (2) the person does so by forcible compulsion;
9 (3) the person does so by threat of forcible compulsion
10 that would prevent resistance by a person of reasonable
11 resolution;
12 (4) the complainant is unconscious or the person knows
13 that the complainant is unaware that the indecent contact is
14 occurring;
15 (5) the person has substantially impaired the
16 complainant's power to appraise or control his or her conduct
17 by administering or employing, without the knowledge of the
18 complainant, drugs, intoxicants or other means for the
19 purpose of preventing resistance;
20 (6) the complainant suffers from a mental disability
21 which renders him or her incapable of consent;
22 (7) the complainant is less than 12 years of age; or
23 (8) the complainant is less than 16 years of age and the
24 person is four or more years older than the complainant AND <--
25 THE COMPLAINANT AND DEFENDANT ARE NOT MARRIED.
26 (b) Grading.--Indecent assault under subsection (a)[(6)] (7)
27 is a misdemeanor of the first degree. Otherwise, indecent
28 assault is a misdemeanor of the second degree.
29 § 3127. Indecent exposure.
30 (a) Offense defined.--A person commits [a misdemeanor of the
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1 second degree if, for the purpose of arousing or gratifying
2 sexual desire of himself or of any person other than his spouse,
3 he] indecent exposure if the person exposes his or her genitals
4 in any public place or in any place where there are present
5 other persons under circumstances in which he or she knows [his]
6 or should know that this conduct is likely to [cause] offend,
7 affront or alarm.
8 (b) Grading.--If the defendant knows or should have known
9 that any of the persons present are less than 16 years of age,
10 indecent exposure under subsection (a) is a misdemeanor of the
11 first degree. Otherwise, indecent exposure under subsection (a)
12 is a misdemeanor of the second degree.
13 Section 7. Section 3128 of Title 18 is repealed.
14 Section 8. Sections 4302, 4303, 5902(e) and 6312 of Title 18
15 are amended to read:
16 § 4302. Incest.
17 A person is guilty of incest, a felony of the second degree,
18 if [he] the person knowingly marries or cohabits or has sexual
19 intercourse with an ancestor or descendant, a brother or sister
20 of the whole or half blood or an uncle, aunt, nephew or niece of
21 the whole blood. The relationships referred to in this section
22 include blood relationships without regard to legitimacy, and
23 relationship of parent and child by adoption or as foster
24 parent.
25 § 4303. Concealing death of child [born out of wedlock]. <--
26 (a) Offense defined.--A person is guilty of a misdemeanor of
27 the [third] first degree if he or she endeavors privately,
28 either alone or by the procurement of others, to conceal the
29 death of his or her child [born out of wedlock], so that it may
30 not come to light, whether it was born dead or alive or whether
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1 it was murdered or not.
2 (b) Procedure.--If the same indictment or information
3 charges any person with the murder of his or her child [born out
4 of wedlock], as well as with the offense of the concealment of
5 the death, the jury may acquit or convict him or her of both
6 offenses, or find him or her guilty of one and acquit him or her
7 of the other.
8 § 5902. Prostitution and related offenses.
9 * * *
10 (e) Patronizing prostitutes.--
11 (1) A person commits a [summary offense if he]
12 misdemeanor of the third degree if that person hires a
13 prostitute or any other person [who is 16 years of age or
14 older] to engage in sexual activity with him[,] or her or if
15 [he] the person enters or remains in a house of prostitution
16 for the purpose of engaging in sexual activity. [A person
17 commits a misdemeanor of the third degree if the person hires
18 a prostitute or any other person who is under 16 years of
19 age, whether or not the person is aware of the age of the
20 child.]
21 (2) A person commits a misdemeanor of the third degree if,
22 after being sentenced under paragraph (1), he or she hires a
23 prostitute or any other person to engage in sexual activity with
24 him or her or if the person enters or remains in a house of
25 prostitution for the purpose of engaging in sexual activity.
26 Upon conviction under this paragraph, a defendant shall be
27 sentenced to pay a fine or not less than $300 nor more than
28 $2,500, plus court costs, and to community service of not less
29 than 75 hours. A court imposing a sentence under this paragraph
30 shall publish the sentencing order in a newspaper of general
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1 circulation in the judicial district in which the court sits. As
2 used in this paragraph, court costs include the cost of
3 publishing the sentencing order.
4 * * *
5 § 6312. Sexual abuse of children.
6 (a) Definition.--As used in this section, "prohibited sexual
7 act" means sexual intercourse[, anal intercourse, masturbation,
8 bestiality, sadism, masochism, fellatio, cunnilingus,] as
9 defined in section 3101 (relating to definitions), masturbation,
10 sadism, masochism, bestiality, fellatio, cunnilingus, lewd
11 exhibition of the genitals or nudity if such nudity is depicted
12 for the purpose of sexual stimulation or gratification of any
13 person who might view such depiction.
14 (b) Photographing, videotaping, depicting on computer or
15 filming sexual acts.--Any person who causes or knowingly permits
16 a child under the age of [17] 18 years to engage in a prohibited
17 sexual act or in the simulation of such act is guilty of a
18 felony of the second degree if such person knows, has reason to
19 know or intends that such act may be photographed, videotaped,
20 depicted on computer or filmed. Any person who knowingly
21 photographs, videotapes, depicts on computer or films a child
22 under the age of [17] 18 years engaging in a prohibited sexual
23 act or in the simulation of such an act is guilty of a felony of
24 the second degree.
25 (c) Dissemination of photographs, videotapes, computer
26 depictions and films.--Any person who knowingly sells,
27 distributes, delivers, disseminates, transfers, displays or
28 exhibits to others, or who possesses for the purpose of sale,
29 distribution, delivery, dissemination, transfer, display or
30 exhibition to others, any book, magazine, pamphlet, slide,
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1 photograph, film, videotape, computer depiction or other
2 material depicting a child under the age of [17] 18 years
3 engaging in a prohibited sexual act or in the simulation of such
4 act is guilty of a felony of the third degree.
5 (d) Possession of child pornography.--Any person who
6 knowingly possesses or controls any book, magazine, pamphlet,
7 slide, photograph, film, videotape, computer depiction or other
8 material depicting a child under the age of [17] 18 years
9 engaging in a prohibited sexual act or in the simulation of such
10 act is guilty of a felony of the third degree.
11 (e) Evidence of age.--In the event a person involved in a
12 prohibited sexual act is alleged to be a child under the age of
13 [17] 18 years, competent expert testimony shall be sufficient to
14 establish the age of said person.
15 (e.1) Mistake as to age.--Under subsection (b) only, it is
16 no defense that the defendant did not know the age of the child.
17 Neither a misrepresentation of age by the child nor a bona fide
18 belief that the person is over the specified age shall be a
19 defense.
20 (f) Exceptions.--This section does not apply to any material
21 that is possessed, controlled, brought or caused to be brought
22 into this Commonwealth, or presented for a bona fide
23 educational, scientific, governmental or judicial purpose.
24 Section 9. Section 5303(b) of Title 23 is amended to read:
25 § 5303. Award of custody, partial custody or visitation.
26 * * *
27 (b) Consideration of criminal conviction.--If a parent has
28 been convicted of or has pleaded guilty or no contest to an
29 offense as set forth below, the court shall consider such
30 criminal conduct and shall determine that the parent does not
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1 pose a threat of harm to the child before making an order of
2 custody, partial custody or visitation to that parent:
3 (1) 18 Pa.C.S. Ch. 25 (relating to criminal homicide);
4 (2) 18 Pa.C.S. § 2901 (relating to kidnapping);
5 (3) 18 Pa.C.S. § 2902 (relating to unlawful restraint);
6 (4) 18 Pa.C.S. § 3121 (relating to rape);
7 (5) 18 Pa.C.S. § 3122 (relating to statutory rape);
8 (6) 18 Pa.C.S. § 3123 (relating to involuntary deviate
9 sexual intercourse);
10 (7) 18 Pa.C.S. § 3124.1 (relating to sexual assault);
11 (8) 18 Pa.C.S. § 3125 (relating to aggravated indecent
12 assault);
13 [(7)] (9) 18 Pa.C.S. § 3126 (relating to indecent
14 assault);
15 (10) 18 Pa.C.S. § 3127 (relating to indecent exposure);
16 [(8)] (11) 18 Pa.C.S. § 4302 (relating to incest);
17 [(9)] (12) 18 Pa.C.S. § 4304 (relating to endangering
18 welfare of children);
19 [(10)] (13) 18 Pa.C.S. § 5902(b) (relating to
20 prostitution and related offenses); or
21 [(11)] (14) 18 Pa.C.S. § 6312 (relating to sexual abuse
22 of children).
23 * * *
24 Section 10. The definition of "abuse" in section 6102 of
25 Title 23, amended October 6, 1994 (P.L.574, No.85), is amended
26 to read:
27 § 6102. Definitions.
28 (a) General rule.--The following words and phrases when used
29 in this chapter shall have the meanings given to them in this
30 section unless the context clearly indicates otherwise:
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1 "Abuse." The occurrence of one or more of the following acts
2 between family or household members, sexual or intimate partners
3 or persons who share biological parenthood:
4 (1) Attempting to cause or intentionally, knowingly or
5 recklessly causing bodily injury, serious bodily injury,
6 rape, [spousal sexual assault or] involuntary deviate sexual
7 intercourse, sexual assault, statutory rape, aggravated
8 indecent assault, INDECENT ASSAULT or incest with or without <--
9 a deadly weapon.
10 (2) Placing another in reasonable fear of imminent
11 serious bodily injury.
12 (3) The infliction of false imprisonment pursuant to 18
13 Pa.C.S. § 2903 (relating to false imprisonment).
14 (4) Physically or sexually abusing minor children,
15 including such terms as defined in Chapter 63 (relating to
16 child protective services).
17 (5) Knowingly engaging in a course of conduct or
18 repeatedly committing acts toward another person, including
19 following the person, without proper authority, under
20 circumstances which place the person in reasonable fear of
21 bodily injury. The definition of this paragraph applies only
22 to proceedings commenced under this title and is inapplicable
23 to any criminal prosecutions commenced under Title 18
24 (relating to crimes and offenses).
25 * * *
26 Section 11. The definition of "sexual abuse or exploitation"
27 in section 6303 of Title 23, amended December 16, 1994 (P.L.
28 , No.151), is amended to read:
29 § 6303. Definitions.
30 The following words and phrases when used in this chapter
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1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 * * *
4 "Sexual abuse or exploitation." The employment, use,
5 persuasion, inducement, enticement or coercion of any child to
6 engage in or assist any other person to engage in any sexually
7 explicit conduct, or any simulation of any sexually explicit
8 conduct, for the purpose of producing any visual depiction,
9 including photographing, videotaping, computer depicting or
10 filming, of any sexually explicit conduct, or the rape, sexual
11 assault, involuntary deviate sexual intercourse, aggravated
12 indecent assault, molestation, incest, indecent exposure,
13 prostitution, statutory rape, or other forms of sexual
14 exploitation of children.
15 * * *
16 Section 12. Section 6344(c) of Title 23, amended December
17 16, 1994 (P.L. , No.151), is amended to read:
18 § 6344. Information relating to prospective child-care
19 personnel.
20 * * *
21 (c) Grounds for denying employment.--In no case shall an
22 administrator hire an applicant where the department has
23 verified that the applicant is named in the central register as
24 the perpetrator of a founded report of child abuse committed
25 within the five-year period immediately preceding verification
26 pursuant to this section. In no case shall an administrator hire
27 an applicant if the applicant's criminal history record
28 information indicates the applicant has been convicted of one or
29 more of the following offenses under Title 18 (relating to
30 crimes and offenses):
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1 Chapter 25 (relating to criminal homicide).
2 Section 2702 (relating to aggravated assault).
3 Section 2709 (relating to harassment and stalking).
4 Section 2901 (relating to kidnapping).
5 Section 2902 (relating to unlawful restraint).
6 Section 3121 (relating to rape).
7 Section 3122 (relating to statutory rape).
8 Section 3123 (relating to involuntary deviate sexual
9 intercourse).
10 Section 3124.1 (relating to sexual assault).
11 Section 3125 (relating to aggravated indecent assault).
12 Section 3126 (relating to indecent assault).
13 Section 3127 (relating to indecent exposure).
14 [Section 4303 (relating to concealing death of child <--
15 [born out of wedlock]).] <--
16 Section 4302 (relating to incest).
17 Section 4304 (relating to endangering welfare of
18 children).
19 Section 4305 (relating to dealing in infant children).
20 A felony offense under section 5902(b) (relating to
21 prostitution and related offenses).
22 Section 5903(c) or (d) (relating to obscene and other
23 sexual materials and performances).
24 Section 6301 (relating to corruption of minors).
25 Section 6312 (relating to sexual abuse of children).
26 * * *
27 Section 13. Section 5552(b) of Title 42 is amended to read:
28 § 5552. Other offenses.
29 * * *
30 (b) Major offenses.--A prosecution for any of the following
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1 offenses must be commenced within five years after it is
2 committed:
3 (1) Under the following provisions of Title 18 (relating
4 to crimes and offenses):
5 Section 911 (relating to corrupt organizations).
6 Section 2706 (relating to terroristic threats).
7 Section 2901 (relating to kidnapping).
8 Section 3121 (relating to rape).
9 Section 3122 (relating to statutory rape).
10 Section 3123 (relating to involuntary deviate sexual
11 intercourse).
12 Section 3124.1 (relating to sexual assault).
13 Section 3125 (relating to aggravated indecent
14 assault).
15 Section 3301 (relating to arson and related
16 offenses).
17 Section 3502 (relating to burglary).
18 Section 3701 (relating to robbery).
19 Section 3921 (relating to theft by unlawful taking or
20 disposition) through section 3931 (relating to theft of
21 unpublished dramas and musical compositions).
22 Section 4101 (relating to forgery).
23 Section 4108 (relating to commercial bribery and
24 breach of duty to act disinterestedly).
25 Section 4109 (relating to rigging publicly exhibited
26 contest).
27 Section 4302 (relating to incest).
28 Section 4701 (relating to bribery in official and
29 political matters) through section 4703 (relating to
30 retaliation for past official action).
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1 Section 4902 (relating to perjury) through section
2 4912 (relating to impersonating a public servant).
3 Section 4952 (relating to intimidation of witnesses
4 or victims).
5 Section 4953 (relating to retaliation against witness
6 or victim).
7 Section 5101 (relating to obstructing administration
8 of law or other governmental function).
9 Section 5512 (relating to lotteries, etc.) through
10 section 5514 (relating to pool selling and bookmaking).
11 Section 5902(b) (relating to prostitution and related
12 offenses).
13 Section 6312 (relating to sexual abuse of children).
14 (2) Any offense punishable under section 13(f) of the
15 act of April 14, 1972 (P.L.233, No.64), known as "The
16 Controlled Substance, Drug, Device and Cosmetic Act."
17 (3) Any conspiracy to commit any of the offenses set
18 forth in paragraphs (1) and (2) and any solicitation to
19 commit any of the offenses in paragraphs (1) and (2) if the
20 solicitation results in the completed offense.
21 (4) Under the act of June 13, 1967 (P.L.31, No.21),
22 known as the "Public Welfare Code."
23 * * *
24 Section 14. Title 42 is amended by adding a section to read:
25 § 5989. Competency of victim or witness.
26 (a) General rule.--Every person who is an alleged victim of
27 or witness to a crime shall be presumed competent to testify in
28 any judicial proceeding regarding the alleged offense, except as
29 provided in subsection (b).
30 (b) Disqualification.--A person shall be disqualified to be
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1 a witness if the court finds that the proposed witness is
2 incapable of:
3 (1) expressing himself or herself concerning the matter
4 so as to be understood by the judge and jury either directly
5 or through interpretation by a person with no direct interest
6 in the proceedings who can understand him or her;
7 (2) understanding the duty of a witness to tell the
8 truth; or
9 (3) remembering the event about which the witness is
10 called to testify.
11 (c) Oath not required.--A child under ten years of age, in
12 the court's discretion, need not take an oath or make an
13 affirmation or declaration, but may be required only to promise
14 to tell the truth.
15 Section 15. Sections 9718 and 9729(c) of Title 42 are
16 amended to read:
17 § 9718. Sentences for offenses against infant persons.
18 (a) Mandatory sentence.--
19 (1) A person convicted of the following offenses when
20 the victim is under 16 years of age shall be sentenced to a
21 mandatory term of imprisonment as follows:
22 18 Pa.C.S. § 2702(a)(1) [and (4)] (relating to aggravated <--
23 assault) - not less than [two] five years. <--
24 18 Pa.C.S. § 3121 (relating to rape) - not less than five
25 years.
26 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
27 intercourse) - not less than five years.
28 (2) A person convicted of the following offenses when the
29 victim is less than 13 years of age shall be sentenced to a
30 mandatory term or imprisonment as follows:
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1 18 PA.C.S. § 2702(A)(1) (RELATING TO AGGRAVATED ASSAULT) <--
2 - NOT LESS THAN FIVE YEARS.
3 18 Pa.C.S. § 3125 (relating to aggravated indecent
4 assault) - not less than two and one-half years.
5 (b) Eligibility for parole.--Parole shall not be granted
6 until the minimum term of imprisonment has been served.
7 § 9729. Intermediate punishment.
8 * * *
9 (c) Ineligibility.--
10 (1) A person convicted of any of the following offenses
11 shall be ineligible for sentencing under this section:
12 18 Pa.C.S. § 2502 (relating to murder).
13 18 Pa.C.S. § 2503 (relating to voluntary
14 manslaughter).
15 18 Pa.C.S. § 2702 (relating to aggravated assault).
16 18 Pa.C.S. § 2703 (relating to assault by prisoner).
17 18 Pa.C.S. § 2704 (relating to assault by life
18 prisoner).
19 18 Pa.C.S. § 2901 (relating to kidnapping).
20 18 Pa.C.S. § 3121 (relating to rape).
21 18 Pa.C.S. § 3122 (relating to statutory rape).
22 18 Pa.C.S. § 3123 (relating to involuntary deviate
23 sexual intercourse).
24 18 Pa.C.S. § 3124.1 (relating to sexual assault).
25 18 Pa.C.S. § 3125 (relating to aggravated indecent
26 assault).
27 18 Pa.C.S. § 3126 (relating to indecent assault).
28 18 Pa.C.S. § 3301 (relating to arson and related
29 offenses).
30 18 Pa.C.S. § 3701 (relating to robbery).
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1 18 Pa.C.S. § 3923 (relating to theft by extortion).
2 18 Pa.C.S. § 4302 (relating to incest).
3 18 Pa.C.S. § 5121 (relating to escape).
4 (2) An offense under this subsection also includes a
5 conviction under 18 Pa.C.S. § 3502 (relating to burglary)
6 where the grading of the offense was a felony of the first
7 degree under section 3502(c)(1).
8 (3) A person sentenced under 18 Pa.C.S. § 6314 (relating
9 to sentencing and penalties for trafficking drugs to minors)
10 or 7508 (relating to drug trafficking sentencing and
11 penalties) shall be ineligible for sentencing under this
12 section.
13 Section 16. This act shall apply as follows:
14 (1) The amendment or addition of 18 Pa.C.S. §§ 3101,
15 3102, 3105, 3106, 3121, 3123, 3124.1, 3125, 3126, 3127, 4302,
16 4303, 5902(e) and 6312 shall apply to offenses committed on
17 or after the effective date of this act.
18 (2) The addition of 42 Pa.C.S. § 5989 shall apply to
19 proceedings conducted on or after the effective date of this
20 act.
21 Section 17. This act shall take effect in 60 days.
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