HOUSE AMENDED
PRIOR PRINTER'S NOS. 2, 48 PRINTER'S NO. 82
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 REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 14, 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 STATUTORY RAPE, for prostitution <--
6 and related offenses and for award of custody; further
7 defining "abuse"; further providing for sexual abuse of
8 children and for information relating to prospective child-
9 care personnel; providing for competency of victims or
10 witnesses; and further providing for sentences against infant
11 persons and for intermediate 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
1 provisions of this chapter, the following words and phrases when
2 used in this chapter shall have, unless the context clearly
3 indicates otherwise, the meanings given to them in this section:
4 "Complainant." An alleged victim of a crime under this
5 chapter.
6 "Deviate sexual intercourse." Sexual intercourse per os or
7 per anus between human beings [who are not husband and wife,] <--
8 except as provided in section 3128 (relating to spousal sexual
9 assault),] and any form of sexual intercourse with an animal. <--
10 The term also includes penetration, however slight, of the
11 genitals or anus of another person with a foreign object for any
12 purpose other than good faith medical, hygienic or law
13 enforcement procedures.
14 "FORCIBLE COMPULSION." COMPULSION BY USE OF PHYSICAL, <--
15 INTELLECTUAL, MORAL, EMOTIONAL OR PSYCHOLOGICAL FORCE, EITHER
16 EXPRESS OR IMPLIED. THE TERM INCLUDES, BUT IS NOT LIMITED TO,
17 COMPULSION RESULTING IN ANOTHER PERSON'S DEATH, WHETHER THE
18 DEATH OCCURRED BEFORE, DURING OR AFTER SEXUAL INTERCOURSE.
19 "Foreign object." Includes any physical object not a part of
20 the actor's body.
21 "Indecent contact." Any touching of the sexual or other
22 intimate parts of the person for the purpose of arousing or
23 gratifying sexual desire, in either person.
24 "Sexual intercourse." In addition to its ordinary meaning,
25 includes intercourse per os or per anus, with some penetration
26 however slight; emission is not required.
27 § 3102. Mistake as to age.
28 [Whenever] Except as otherwise provided, whenever in this
29 chapter the criminality of conduct depends on a child being
30 below the age of 14 years, it is no defense that the [actor]
19951S0002B0082 - 2 -
1 defendant did not know the age of the child[,] or reasonably
2 believed the child to be the age of 14 years or older. When
3 criminality depends on the child's being below a critical age
4 [other] older than 14 years, it is a defense for the [actor]
5 defendant to prove by a preponderance of the evidence that he or
6 she reasonably believed the child to be above the critical age.
7 Section 2. Section 3103 of Title 18 is repealed.
8 Section 3. Sections 3105, 3106, 3121 and 3123 AND 3121 of <--
9 Title 18 are amended to read:
10 § 3105. Prompt complaint.
11 Prompt reporting to public authority is not required in a
12 prosecution under this chapter: Provided, however, That nothing
13 in this section shall be construed to prohibit a defendant from
14 introducing evidence of the [alleged victim's] complainant's
15 failure to promptly report the crime if such evidence would be
16 admissible pursuant to the rules of evidence.
17 § 3106. Testimony of complainants.
18 The credibility of [an alleged victim] a complainant of an
19 offense under this chapter shall be determined by the same
20 standard as is the credibility of [an alleged victim] a
21 complainant of any other crime. The testimony of a [victim]
22 complainant need not be corroborated in prosecutions under this
23 chapter. [In any prosecution before a jury for an offense under
24 this chapter, no] No instructions shall be given cautioning the
25 jury to view the [alleged victim's] complainant's testimony in
26 any other way than that in which all victims' testimony is
27 viewed.
28 § 3121. [Rape] AGGRAVATED SEXUAL ASSAULT. <--
29 (a) Offense defined.--A [person] DEFENDANT commits a felony <--
30 of the first degree when he or she engages in sexual intercourse
19951S0002B0082 - 3 -
1 OR DEVIATE SEXUAL INTERCOURSE with [another person not his <--
2 spouse] a complainant:
3 (1) [by] BY forcible compulsion[;]. <--
4 (2) [by] BY threat of forcible compulsion that would <--
5 prevent resistance by a person of reasonable resolution[;]. <--
6 (3) [who] WHO is unconscious or where the person <--
7 DEFENDANT knows that the complainant is unaware that the <--
8 sexual intercourse OR DEVIATE SEXUAL INTERCOURSE is <--
9 occurring; [or OCCURRING.[; OR <--
10 (4) who is so mentally deranged or deficient that such
11 person is incapable of consent.
12 Whenever the term "rape" is used in this title or any other
13 title, it is deemed to include spousal sexual assault as further
14 defined in section 3128 (relating to spousal sexual assault).]
15 (4) where WHERE the person DEFENDANT has substantially <--
16 impaired the complainant's power to appraise or control his
17 or her conduct by administering or employing, without the
18 knowledge of the complainant, drugs, intoxicants or other
19 means for the purpose of preventing resistance. <--
20 (5) who WHO suffers from a mental disability which <--
21 renders him or her THE COMPLAINANT incapable of consent; or. <--
22 (6) who is below the age of 12 years. WHO IS LESS THAN <--
23 13 YEARS OF AGE.
24 (7) THE DEFENDANT ENGAGES IN DEVIATE SEXUAL INTERCOURSE
25 WITH THE COMPLAINANT AND THE COMPLAINANT IS UNDER 16 YEARS OF
26 AGE AND THE DEFENDANT IS FOUR OR MORE YEARS OLDER THAN THE
27 COMPLAINANT AND THE COMPLAINANT AND DEFENDANT ARE NOT MARRIED
28 TO EACH OTHER.
29 (b) Definition.--As used in this section, "forcible <--
30 compulsion" includes, but is not limited to, compulsion
19951S0002B0082 - 4 -
1 resulting in another person's death, whether the death occurred
2 before, during or after the sexual intercourse.
3 § 3123. Involuntary deviate sexual intercourse.
4 (a) Offense defined.--A person commits a felony of the first
5 degree when he or she engages in deviate sexual intercourse with
6 [another person] a complainant:
7 (1) by forcible compulsion;
8 (2) by threat of forcible compulsion that would prevent
9 resistance by a person of reasonable resolution;
10 (3) who is unconscious or where the defendant knows that
11 the complainant is unaware that the sexual intercourse is
12 occurring;
13 [(4) who is so mentally deranged or deficient that such
14 person is incapable of consent; or
15 (5) who is less than 16 years of age.]
16 (4) where the person has substantially impaired the
17 complainant's power to appraise or control his or her conduct
18 by administering or employing, without the knowledge of the
19 complainant, drugs, intoxicants or other means for the
20 purpose of preventing resistance;
21 (5) who suffers from a mental disability which renders
22 him or her incapable of consent;
23 (6) who is less than 12 years of age; or
24 (7) who is less than 16 years of age and the person is
25 four or more years older than the complainant and the
26 complainant and defendant are not married.
27 (b) Definition.--As used in this section, the term "forcible
28 compulsion" includes, but is not limited to, compulsion
29 resulting in another person's death, whether the death occurred
30 before, during or after the sexual intercourse.
19951S0002B0082 - 5 -
1 Section 4. Section 3124 of Title 18 is repealed.
2 SECTION 4. SECTION 3122 OF TITLE 18 IS REPEALED. <--
3 SECTION 5. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
4 § 3122.1. STATUTORY SEXUAL ASSAULT.
5 EXCEPT AS PROVIDED IN SECTION 3121 (RELATING TO AGGRAVATED
6 SEXUAL ASSAULT), A DEFENDANT COMMITS A FELONY OF THE SECOND
7 DEGREE WHEN THE DEFENDANT ENGAGES IN SEXUAL INTERCOURSE WITH A
8 COMPLAINANT UNDER THE AGE OF 16 YEARS AND THE DEFENDANT IS FOUR
9 OR MORE YEARS OLDER THAN THE COMPLAINANT.
10 SECTION 6. SECTIONS 3123 AND 3124 OF TITLE 18 ARE REPEALED.
11 Section 5 7. Title 18 is amended by adding a section to <--
12 read:
13 § 3124.1. Sexual assault.
14 Except as provided in section 3121 (relating to rape) and <--
15 section 3123 (relating to involuntary deviate sexual
16 intercourse), a person AGGRAVATED SEXUAL ASSAULT), A DEFENDANT <--
17 commits a felony of the second degree when the person DEFENDANT <--
18 engages in sexual intercourse or deviate sexual intercourse with
19 a complainant without the complainant's consent.
20 Section 6 8. Sections 3125, 3126 and 3127 of Title 18 are <--
21 amended to read:
22 § 3125. Aggravated indecent assault.
23 Except as provided in sections 3121 (relating to [rape), 3122 <--
24 (relating to statutory rape) [and], 3123 (relating to <--
25 involuntary deviate sexual intercourse)[, a person commits a <--
26 felony of the second degree when he] AGGRAVATED SEXUAL ASSAULT), <--
27 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT) and 3124.1
28 (relating to sexual assault) a person DEFENDANT who engages in <--
29 penetration, however slight, of the genitals or anus of
30 [another] a complainant with a part of the [actor's] defendant's
19951S0002B0082 - 6 -
1 body for any purpose other than good faith medical, hygienic or
2 law enforcement procedures commits aggravated indecent assault,
3 a felony of the second degree, if:
4 [(1) he does so without the consent of the other person;
5 (2) he knows that the other person suffers from a mental
6 disease or defect which renders him or her incapable of
7 appraising the nature of his or her conduct;
8 (3) he knows that the other person is unaware that the
9 indecent contact is being committed;
10 (4) he has substantially impaired the other person's
11 power to appraise or control his or her conduct by
12 administering or employing, without the knowledge of the
13 other, drugs, intoxicants or other means for the purpose of
14 preventing resistance;
15 (5) the other person is in custody of law or detained in
16 a hospital or other institution and the actor has supervisory
17 or disciplinary authority over him; or
18 (6) he is over 18 years of age and the other person is
19 under 14 years of age.]
20 (1) the person DEFENDANT does so without the <--
21 complainant's consent;
22 (2) the person DEFENDANT does so by forcible compulsion; <--
23 (3) the person DEFENDANT does so by threat of forcible <--
24 compulsion that would prevent resistance by a person of
25 reasonable resolution;
26 (4) the complainant is unconscious or the person knows
27 that the complainant is unaware that the penetration is
28 occurring;
29 (5) the person DEFENDANT has substantially impaired the <--
30 complainant's power to appraise or control his or her conduct
19951S0002B0082 - 7 -
1 by administering or employing, without the knowledge of the
2 complainant, drugs, intoxicants or other means for the
3 purpose of preventing resistance;
4 (6) the complainant suffers from a mental disability
5 which renders him or her incapable of consent;
6 (7) the complainant is less than 12 13 years of age; or <--
7 (8) the complainant is less than 14 16 years of age and <--
8 the person is 18 years of age or older DEFENDANT IS FOUR OR <--
9 MORE YEARS OLDER THAN THE COMPLAINANT and the complainant and
10 defendant are not married TO EACH OTHER. <--
11 § 3126. Indecent assault.
12 (a) Offense defined.--A [person] DEFENDANT who has indecent <--
13 contact with [another not his spouse,] the complainant or causes
14 [such other] the complainant to have indecent contact with
15 [him,] the person DEFENDANT is guilty of indecent assault if: <--
16 [(1) he does so without the consent of the other person;
17 (2) he knows that the other person suffers from a mental
18 disease or defect which renders him or her incapable of
19 appraising the nature of his or her conduct;
20 (3) he knows that the other person is unaware that a
21 indecent contact is being committed;
22 (4) he has substantially impaired the other person's
23 power to appraise or control his or her conduct by
24 administering or employing without the knowledge of the other
25 drugs, intoxicants or other means for the purpose of
26 preventing resistance;
27 (5) the other person is in custody of law or detained in
28 a hospital or other institution and the actor has supervisory
29 or disciplinary authority over him; or
30 (6) he is over 18 years of age and the other person is
19951S0002B0082 - 8 -
1 under 14 years of age.]
2 (1) the person DEFENDANT does so without the <--
3 complainant's consent;
4 (2) the person DEFENDANT does so by forcible compulsion; <--
5 (3) the person DEFENDANT does so by threat of forcible <--
6 compulsion that would prevent resistance by a person of
7 reasonable resolution;
8 (4) the complainant is unconscious or the person <--
9 DEFENDANT knows that the complainant is unaware that the <--
10 indecent contact is occurring;
11 (5) the person DEFENDANT has substantially impaired the <--
12 complainant's power to appraise or control his or her conduct
13 by administering or employing, without the knowledge of the
14 complainant, drugs, intoxicants or other means for the
15 purpose of preventing resistance;
16 (6) the complainant suffers from a mental disability
17 which renders him or her incapable of consent;
18 (7) the complainant is less than 12 13 years of age; or <--
19 (8) the complainant is less than 16 years of age and the
20 person DEFENDANT is four or more years older than the <--
21 complainant and the complainant and defendant are not married
22 TO EACH OTHER. <--
23 (b) Grading.--Indecent assault under subsection (a)[(6)] (7)
24 is a misdemeanor of the first degree. Otherwise, indecent
25 assault is a misdemeanor of the second degree.
26 § 3127. Indecent exposure.
27 (a) Offense defined.--A [person] DEFENDANT commits [a <--
28 misdemeanor of the second degree if, for the purpose of arousing
29 or gratifying sexual desire of himself or of any person other
30 than his spouse, he] indecent exposure if the person exposes his
19951S0002B0082 - 9 -
1 or her genitals in any public place or in any place where there
2 are present other persons under circumstances in which he or she
3 knows [his] or should know that this conduct is likely to
4 [cause] offend, affront or alarm.
5 (b) Grading.--If the defendant knows or should have known
6 that any of the persons present are less than 16 years of age,
7 indecent exposure under subsection (a) is a misdemeanor of the
8 first degree. Otherwise, indecent exposure under subsection (a)
9 is a misdemeanor of the second degree.
10 Section 7 9. Section 3128 of Title 18 is repealed. <--
11 Section 8 10. Sections 4302, 4303, 5902(e) and 6312 of Title <--
12 18 are amended to read:
13 § 4302. Incest.
14 A person is guilty of incest, a felony of the second degree,
15 if [he] the person knowingly marries or cohabits or has sexual
16 intercourse with an ancestor or descendant, a brother or sister
17 of the whole or half blood or an uncle, aunt, nephew or niece of
18 the whole blood. The relationships referred to in this section
19 include blood relationships without regard to legitimacy, and
20 relationship of parent and child by adoption or as foster
21 parent.
22 § 4303. Concealing death of child [born out of wedlock].
23 (a) Offense defined.--A person is guilty of a misdemeanor of
24 the [third] first degree if he or she endeavors privately,
25 either alone or by the procurement of others, to conceal the
26 death of his or her child [born out of wedlock], so that it may
27 not come to light, whether it was born dead or alive or whether
28 it was murdered or not.
29 (b) Procedure.--If the same indictment or information
30 charges any person with the murder of his or her child [born out
19951S0002B0082 - 10 -
1 of wedlock], as well as with the offense of the concealment of
2 the death, the jury may acquit or convict him or her of both
3 offenses, or find him or her guilty of one and acquit him or her
4 of the other.
5 § 5902. Prostitution and related offenses.
6 * * *
7 (e) Patronizing prostitutes.--
8 (1) A person commits a [summary offense if he]
9 misdemeanor of the third degree if that person hires a
10 prostitute or any other person [who is 16 years of age or
11 older] to engage in sexual activity with him[,] or her or if
12 [he] the person enters or remains in a house of prostitution
13 for the purpose of engaging in sexual activity. [A person
14 commits a misdemeanor of the third degree if the person hires
15 a prostitute or any other person who is under 16 years of
16 age, whether or not the person is aware of the age of the
17 child.]
18 (2) A person commits a misdemeanor of the third degree
19 if, after being sentenced under paragraph (1), he or she
20 hires a prostitute or any other person to engage in sexual
21 activity with him or her or if the person enters or remains
22 in a house of prostitution for the purpose of engaging in
23 sexual activity. Upon conviction under this paragraph, a
24 defendant shall be sentenced to pay a fine or not less than
25 $300 nor more than $2,500, plus court costs, and to community
26 service of not less than 75 hours. A court imposing a
27 sentence under this paragraph shall publish the sentencing
28 order in a newspaper of general circulation in the judicial
29 district in which the court sits. As used in this paragraph,
30 court costs include the cost of publishing the sentencing
19951S0002B0082 - 11 -
1 order.
2 * * *
3 § 6312. Sexual abuse of children.
4 (a) Definition.--As used in this section, "prohibited sexual
5 act" means sexual intercourse[, anal intercourse, masturbation,
6 bestiality, sadism, masochism, fellatio, cunnilingus,] as
7 defined in section 3101 (relating to definitions), masturbation,
8 sadism, masochism, bestiality, fellatio, cunnilingus, lewd
9 exhibition of the genitals or nudity if such nudity is depicted
10 for the purpose of sexual stimulation or gratification of any
11 person who might view such depiction.
12 (b) Photographing, videotaping, depicting on computer or
13 filming sexual acts.--Any person who causes or knowingly permits
14 a child under the age of [17] 18 years to engage in a prohibited
15 sexual act or in the simulation of such act is guilty of a
16 felony of the second degree if such person knows, has reason to
17 know or intends that such act may be photographed, videotaped,
18 depicted on computer or filmed. Any person who knowingly
19 photographs, videotapes, depicts on computer or films a child
20 under the age of [17] 18 years engaging in a prohibited sexual
21 act or in the simulation of such an act is guilty of a felony of
22 the second degree.
23 (c) Dissemination of photographs, videotapes, computer
24 depictions and films.--Any person who knowingly sells,
25 distributes, delivers, disseminates, transfers, displays or
26 exhibits to others, or who possesses for the purpose of sale,
27 distribution, delivery, dissemination, transfer, display or
28 exhibition to others, any book, magazine, pamphlet, slide,
29 photograph, film, videotape, computer depiction or other
30 material depicting a child under the age of [17] 18 years
19951S0002B0082 - 12 -
1 engaging in a prohibited sexual act or in the simulation of such
2 act is guilty of a felony of the third degree.
3 (d) Possession of child pornography.--Any person who
4 knowingly possesses or controls any book, magazine, pamphlet,
5 slide, photograph, film, videotape, computer depiction or other
6 material depicting a child under the age of [17] 18 years
7 engaging in a prohibited sexual act or in the simulation of such
8 act is guilty of a felony of the third degree.
9 (e) Evidence of age.--In the event a person involved in a
10 prohibited sexual act is alleged to be a child under the age of
11 [17] 18 years, competent expert testimony shall be sufficient to
12 establish the age of said person.
13 (e.1) Mistake as to age.--Under subsection (b) only, it is
14 no defense that the defendant did not know the age of the child.
15 Neither a misrepresentation of age by the child nor a bona fide
16 belief that the person is over the specified age shall be a
17 defense.
18 (f) Exceptions.--This section does not apply to any material
19 that is possessed, controlled, brought or caused to be brought
20 into this Commonwealth, or presented for a bona fide
21 educational, scientific, governmental or judicial purpose.
22 Section 9 11. Section 5303(b) of Title 23 is amended to <--
23 read:
24 § 5303. Award of custody, partial custody or visitation.
25 * * *
26 (b) Consideration of criminal conviction.--If a parent has
27 been convicted of or has pleaded guilty or no contest to an
28 offense as set forth below, the court shall consider such
29 criminal conduct and shall determine that the parent does not
30 pose a threat of harm to the child before making an order of
19951S0002B0082 - 13 -
1 custody, partial custody or visitation to that parent:
2 (1) 18 Pa.C.S. Ch. 25 (relating to criminal homicide);
3 (2) 18 Pa.C.S. § 2901 (relating to kidnapping);
4 (3) 18 Pa.C.S. § 2902 (relating to unlawful restraint);
5 (4) 18 Pa.C.S. § 3121 (relating to [rape] AGGRAVATED <--
6 SEXUAL ASSAULT);
7 (5) [18 Pa.C.S. § 3122 (relating to statutory rape)] 18 <--
8 PA.C.S. § 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT);
9 [(6) 18 Pa.C.S. § 3123 (relating to involuntary deviate <--
10 sexual intercourse);] <--
11 (7) (6) 18 Pa.C.S. § 3124.1 (relating to sexual <--
12 assault);
13 (8) (7) 18 Pa.C.S. § 3125 (relating to aggravated <--
14 indecent assault);
15 [(7)] (9) (8) 18 Pa.C.S. § 3126 (relating to indecent <--
16 assault);
17 (10) (9) 18 Pa.C.S. § 3127 (relating to indecent <--
18 exposure);
19 [(8)] (11) (10) 18 Pa.C.S. § 4302 (relating to incest); <--
20 [(9)] (12) (11) 18 Pa.C.S. § 4304 (relating to <--
21 endangering welfare of children);
22 [(10)] (13) (12) 18 Pa.C.S. § 5902(b) (relating to <--
23 prostitution and related offenses); or
24 [(11)] (14) (13) 18 Pa.C.S. § 6312 (relating to sexual <--
25 abuse of children).
26 * * *
27 Section 10 12. The definition of "abuse" in section 6102 of <--
28 Title 23, amended October 6, 1994 (P.L.574, No.85), is amended
29 to read:
30 § 6102. Definitions.
19951S0002B0082 - 14 -
1 (a) General rule.--The following words and phrases when used
2 in this chapter shall have the meanings given to them in this
3 section unless the context clearly indicates otherwise:
4 "Abuse." The occurrence of one or more of the following acts
5 between family or household members, sexual or intimate partners
6 or persons who share biological parenthood:
7 (1) Attempting to cause or intentionally, knowingly or
8 recklessly causing bodily injury, serious bodily injury,
9 [rape, [spousal sexual assault or] involuntary deviate sexual <--
10 intercourse] AGGRAVATED SEXUAL ASSAULT, sexual assault, <--
11 statutory rape SEXUAL ASSAULT, aggravated indecent assault, <--
12 indecent assault or incest with or without a deadly weapon.
13 (2) Placing another in reasonable fear of imminent
14 serious bodily injury.
15 (3) The infliction of false imprisonment pursuant to 18
16 Pa.C.S. § 2903 (relating to false imprisonment).
17 (4) Physically or sexually abusing minor children,
18 including such terms as defined in Chapter 63 (relating to
19 child protective services).
20 (5) Knowingly engaging in a course of conduct or
21 repeatedly committing acts toward another person, including
22 following the person, without proper authority, under
23 circumstances which place the person in reasonable fear of
24 bodily injury. The definition of this paragraph applies only
25 to proceedings commenced under this title and is inapplicable
26 to any criminal prosecutions commenced under Title 18
27 (relating to crimes and offenses).
28 * * *
29 Section 11 13. The definition of "sexual abuse or <--
30 exploitation" in section 6303 of Title 23, amended December 16,
19951S0002B0082 - 15 -
1 1994 (P.L. , No.151), is amended to read:
2 § 6303. Definitions.
3 The following words and phrases when used in this chapter
4 shall have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 * * *
7 "Sexual abuse or exploitation." The employment, use,
8 persuasion, inducement, enticement or coercion of any child to
9 engage in or assist any other person to engage in any sexually
10 explicit conduct, or any simulation of any sexually explicit
11 conduct, for the purpose of producing any visual depiction,
12 including photographing, videotaping, computer depicting or
13 filming, of any sexually explicit conduct, or the rape, sexual
14 assault, involuntary deviate sexual intercourse, aggravated
15 indecent assault, molestation, incest, indecent exposure,
16 prostitution, statutory rape SEXUAL ASSAULT, or other forms of <--
17 sexual exploitation of children.
18 * * *
19 Section 12 14. Section 6344(c) of Title 23, amended December <--
20 16, 1994 (P.L. , No.151), is amended to read:
21 § 6344. Information relating to prospective child-care
22 personnel.
23 * * *
24 (c) Grounds for denying employment.--In no case shall an
25 administrator hire an applicant where the department has
26 verified that the applicant is named in the central register as
27 the perpetrator of a founded report of child abuse committed
28 within the five-year period immediately preceding verification
29 pursuant to this section. In no case shall an administrator hire
30 an applicant if the applicant's criminal history record
19951S0002B0082 - 16 -
1 information indicates the applicant has been convicted of one or
2 more of the following offenses under Title 18 (relating to
3 crimes and offenses):
4 Chapter 25 (relating to criminal homicide).
5 Section 2702 (relating to aggravated assault).
6 Section 2709 (relating to harassment and stalking).
7 Section 2901 (relating to kidnapping).
8 Section 2902 (relating to unlawful restraint).
9 Section 3121 (relating to [rape] AGGRAVATED SEXUAL <--
10 ASSAULT).
11 [Section 3122 (relating to statutory rape). <--
12 Section 3123 (relating to involuntary deviate sexual
13 intercourse).] <--
14 SECTION 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT). <--
15 Section 3124.1 (relating to sexual assault).
16 Section 3125 (relating to aggravated indecent assault).
17 Section 3126 (relating to indecent assault).
18 Section 3127 (relating to indecent exposure).
19 Section 4302 (relating to incest).
20 Section 4303 (relating to concealing death of child [born
21 out of wedlock]).
22 Section 4304 (relating to endangering welfare of
23 children).
24 Section 4305 (relating to dealing in infant children).
25 A felony offense under section 5902(b) (relating to
26 prostitution and related offenses).
27 Section 5903(c) or (d) (relating to obscene and other
28 sexual materials and performances).
29 Section 6301 (relating to corruption of minors).
30 Section 6312 (relating to sexual abuse of children).
19951S0002B0082 - 17 -
1 * * *
2 Section 13 15. Section 5552(b) of Title 42 is amended to <--
3 read:
4 § 5552. Other offenses.
5 * * *
6 (b) Major offenses.--A prosecution for any of the following
7 offenses must be commenced within five years after it is
8 committed:
9 (1) Under the following provisions of Title 18 (relating
10 to crimes and offenses):
11 Section 911 (relating to corrupt organizations).
12 Section 2706 (relating to terroristic threats).
13 Section 2901 (relating to kidnapping).
14 Section 3121 (relating to [rape] AGGRAVATED SEXUAL <--
15 ASSAULT).
16 Section 3122 (relating to statutory rape). <--
17 [Section 3123 (relating to involuntary deviate sexual <--
18 intercourse).] <--
19 SECTION 3122.1 (RELATING TO STATUTORY SEXUAL <--
20 ASSAULT).
21 Section 3124.1 (relating to sexual assault).
22 Section 3125 (relating to aggravated indecent
23 assault).
24 Section 3301 (relating to arson and related
25 offenses).
26 Section 3502 (relating to burglary).
27 Section 3701 (relating to robbery).
28 Section 3921 (relating to theft by unlawful taking or
29 disposition) through section 3931 (relating to theft of
30 unpublished dramas and musical compositions).
19951S0002B0082 - 18 -
1 Section 4101 (relating to forgery).
2 Section 4108 (relating to commercial bribery and
3 breach of duty to act disinterestedly).
4 Section 4109 (relating to rigging publicly exhibited
5 contest).
6 Section 4302 (relating to incest).
7 Section 4701 (relating to bribery in official and
8 political matters) through section 4703 (relating to
9 retaliation for past official action).
10 Section 4902 (relating to perjury) through section
11 4912 (relating to impersonating a public servant).
12 Section 4952 (relating to intimidation of witnesses
13 or victims).
14 Section 4953 (relating to retaliation against witness
15 or victim).
16 Section 5101 (relating to obstructing administration
17 of law or other governmental function).
18 Section 5512 (relating to lotteries, etc.) through
19 section 5514 (relating to pool selling and bookmaking).
20 Section 5902(b) (relating to prostitution and related
21 offenses).
22 Section 6312 (relating to sexual abuse of children).
23 (2) Any offense punishable under section 13(f) of the
24 act of April 14, 1972 (P.L.233, No.64), known as "The
25 Controlled Substance, Drug, Device and Cosmetic Act."
26 (3) Any conspiracy to commit any of the offenses set
27 forth in paragraphs (1) and (2) and any solicitation to
28 commit any of the offenses in paragraphs (1) and (2) if the
29 solicitation results in the completed offense.
30 (4) Under the act of June 13, 1967 (P.L.31, No.21),
19951S0002B0082 - 19 -
1 known as the "Public Welfare Code."
2 * * *
3 Section 14 16. Title 42 is amended by adding a section to <--
4 read:
5 § 5989. Competency of victim or witness.
6 (a) General rule.--Every person who is an alleged victim of
7 or witness to a crime shall be presumed competent to testify in
8 any judicial proceeding regarding the alleged offense, except as
9 provided in subsection (b).
10 (b) Disqualification.--A person shall be disqualified to be
11 a witness if the court finds that the proposed witness is
12 incapable of:
13 (1) expressing himself or herself concerning the matter
14 so as to be understood by the judge and jury either directly
15 or through interpretation by a person with no direct interest
16 in the proceedings who can understand him or her;
17 (2) understanding the duty of a witness to tell the
18 truth; or
19 (3) remembering the event about which the witness is
20 called to testify.
21 (c) Oath not required.--A child under ten years of age, in
22 the court's discretion, need not take an oath or make an
23 affirmation or declaration, but may be required only to promise
24 to tell the truth.
25 Section 15. Sections 9718 17. SECTIONS 9712(A), 9713(A), <--
26 9714(A), 9717(A), 9718, 9719(A) and 9729(c) of Title 42 are
27 amended to read:
28 § 9712. SENTENCES FOR OFFENSES COMMITTED WITH FIREARMS. <--
29 (A) MANDATORY SENTENCE.--ANY PERSON WHO IS CONVICTED IN ANY
30 COURT OF THIS COMMONWEALTH OF MURDER OF THE THIRD DEGREE,
19951S0002B0082 - 20 -
1 VOLUNTARY MANSLAUGHTER, [RAPE, INVOLUNTARY DEVIATE SEXUAL
2 INTERCOURSE] AGGRAVATED SEXUAL ASSAULT, ROBBERY AS DEFINED IN 18
3 PA.C.S. § 3701(A)(1)(I), (II) OR (III) (RELATING TO ROBBERY),
4 AGGRAVATED ASSAULT AS DEFINED IN 18 PA.C.S. § 2702(A)(1)
5 (RELATING TO AGGRAVATED ASSAULT) OR KIDNAPPING, OR WHO IS
6 CONVICTED OF ATTEMPT TO COMMIT ANY OF THESE CRIMES, SHALL, IF
7 THE PERSON VISIBLY POSSESSED A FIREARM DURING THE COMMISSION OF
8 THE OFFENSE, BE SENTENCED TO A MINIMUM SENTENCE OF AT LEAST FIVE
9 YEARS OF TOTAL CONFINEMENT NOTWITHSTANDING ANY OTHER PROVISION
10 OF THIS TITLE OR OTHER STATUTE TO THE CONTRARY.
11 * * *
12 § 9713. SENTENCES FOR OFFENSES COMMITTED ON PUBLIC
13 TRANSPORTATION.
14 (A) MANDATORY SENTENCE.--ANY PERSON WHO IS CONVICTED IN ANY
15 COURT OF THIS COMMONWEALTH OF MURDER OF THE THIRD DEGREE,
16 VOLUNTARY MANSLAUGHTER, [RAPE, INVOLUNTARY DEVIATE SEXUAL
17 INTERCOURSE] AGGRAVATED SEXUAL ASSAULT, ROBBERY AS DEFINED IN 18
18 PA.C.S. § 3701(A)(1)(I), (II) OR (III) (RELATING TO ROBBERY),
19 ARSON AS DEFINED IN 18 PA.C.S. § 3301(A) (RELATING TO ARSON AND
20 RELATED OFFENSES), KIDNAPPING OR AGGRAVATED ASSAULT AS DEFINED
21 IN 18 PA.C.S. § 2702(A)(1) (RELATING TO AGGRAVATED ASSAULT), OR
22 WHO IS CONVICTED OF ATTEMPT TO COMMIT ANY OF THESE CRIMES, SHALL
23 BE SENTENCED TO A MINIMUM SENTENCE OF AT LEAST FIVE YEARS OF
24 TOTAL CONFINEMENT IF THE CRIME OCCURS IN OR NEAR PUBLIC
25 TRANSPORTATION AS DEFINED IN SUBSECTION (B), NOTWITHSTANDING ANY
26 OTHER PROVISION OF THIS TITLE OR OTHER STATUTE TO THE CONTRARY.
27 * * *
28 § 9714. SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES.
29 (A) MANDATORY SENTENCE.--ANY PERSON WHO IS CONVICTED IN ANY
30 COURT OF THIS COMMONWEALTH OF MURDER OF THE THIRD DEGREE,
19951S0002B0082 - 21 -
1 VOLUNTARY MANSLAUGHTER, [RAPE, INVOLUNTARY DEVIATE SEXUAL
2 INTERCOURSE] AGGRAVATED SEXUAL ASSAULT, ARSON AS DEFINED IN 18
3 PA.C.S. § 3301(A) (RELATING TO ARSON AND RELATED OFFENSES),
4 KIDNAPPING OR ROBBERY AS DEFINED IN 18 PA.C.S. § 3701(A)(1)(I),
5 (II) OR (III) (RELATING TO ROBBERY), OR ATTEMPT TO COMMIT ANY OF
6 THESE CRIMES, OR WHO IS CONVICTED OF AGGRAVATED ASSAULT IN WHICH
7 THE OFFENDER INTENTIONALLY, KNOWINGLY OR RECKLESSLY CAUSES
8 SERIOUS BODILY INJURY TO ANOTHER UNDER CIRCUMSTANCES MANIFESTING
9 EXTREME INDIFFERENCE TO THE VALUE OF HUMAN LIFE, SHALL, IF THEY
10 HAVE PREVIOUSLY BEEN CONVICTED OF A CRIME OF VIOLENCE AS
11 SPECIFIED IN SUBSECTION (B), BE SENTENCED TO A MINIMUM SENTENCE
12 OF AT LEAST FIVE YEARS OF TOTAL CONFINEMENT NOTWITHSTANDING ANY
13 OTHER PROVISION OF THIS TITLE OR OTHER STATUTE TO THE CONTRARY.
14 * * *
15 § 9717. SENTENCES FOR OFFENSES AGAINST ELDERLY PERSONS.
16 (A) MANDATORY SENTENCE.--A PERSON UNDER 60 YEARS OF AGE
17 CONVICTED OF THE FOLLOWING OFFENSES WHEN THE VICTIM IS OVER 60
18 YEARS OF AGE AND NOT A POLICE OFFICER SHALL BE SENTENCED TO A
19 MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
20 18 PA.C.S. § 2702(A)(1) AND (4) (RELATING TO AGGRAVATED
21 ASSAULT) - NOT LESS THAN TWO YEARS.
22 18 PA.C.S. § 3121 (RELATING TO [RAPE] AGGRAVATED SEXUAL
23 ASSAULT) - NOT LESS THAN FIVE YEARS.
24 [18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE
25 SEXUAL INTERCOURSE) - NOT LESS THAN FIVE YEARS.]
26 18 PA.C.S. § 3922 (RELATING TO THEFT BY DECEPTION) - NOT
27 LESS THAN 12 MONTHS, BUT THE IMPOSITION OF THE MINIMUM
28 SENTENCE SHALL BE DISCRETIONARY WITH THE COURT WHERE THE
29 COURT FINDS JUSTIFIABLE CAUSE AND THAT FINDING IS WRITTEN IN
30 THE OPINION.
19951S0002B0082 - 22 -
1 * * *
2 § 9718. Sentences for offenses against infant persons.
3 (a) Mandatory sentence.--
4 (1) A person convicted of the following offenses when
5 the victim is under 16 years of age shall be sentenced to a
6 mandatory term of imprisonment as follows:
7 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
8 assault) - not less than two years.
9 18 Pa.C.S. § 3121 3121(A)(1), (2), (3), (4), (5) AND (6) <--
10 (relating to [rape] AGGRAVATED SEXUAL ASSAULT) - not less <--
11 than five years.
12 [18 Pa.C.S. § 3123 (relating to involuntary deviate <--
13 sexual intercourse) - not less than five years.] <--
14 (2) A person convicted of the following offenses when the
15 victim is less than 13 years of age shall be sentenced to a
16 mandatory term or imprisonment as follows:
17 18 Pa.C.S. § 2702(a)(1) (relating to aggravated assault)
18 - not less than five years.
19 18 Pa.C.S. § 3125 3125(1) THROUGH (6) (relating to <--
20 aggravated indecent assault) - not less than two and one-half
21 years.
22 (b) Eligibility for parole.--Parole shall not be granted
23 until the minimum term of imprisonment has been served.
24 § 9719. SENTENCES FOR OFFENSES COMMITTED WHILE IMPERSONATING A <--
25 LAW ENFORCEMENT OFFICER.
26 (A) MANDATORY SENTENCE.--A PERSON CONVICTED OF MURDER OF THE
27 THIRD DEGREE, VOLUNTARY MANSLAUGHTER, [RAPE, INVOLUNTARY DEVIATE
28 SEXUAL INTERCOURSE] AGGRAVATED SEXUAL ASSAULT, AGGRAVATED
29 ASSAULT AS DEFINED IN 18 PA.C.S. § 2702(A)(1) (RELATING TO
30 AGGRAVATED ASSAULT), ROBBERY AS DEFINED IN 18 PA.C.S. §
19951S0002B0082 - 23 -
1 3701(A)(1)(I), (II) OR (III) (RELATING TO ROBBERY) OR KIDNAPPING
2 OR WHO IS CONVICTED OF ATTEMPT TO COMMIT ANY OF THESE CRIMES
3 SHALL, IF THE PERSON WAS IMPERSONATING A LAW ENFORCEMENT OFFICER
4 DURING THE COMMISSION OF THE OFFENSE, BE SENTENCED TO A MINIMUM
5 SENTENCE OF AT LEAST THREE YEARS OF TOTAL CONFINEMENT
6 NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR OTHER
7 STATUTE TO THE CONTRARY.
8 * * *
9 § 9729. Intermediate punishment.
10 * * *
11 (c) Ineligibility.--
12 (1) A person convicted of any of the following offenses
13 shall be ineligible for sentencing under this section:
14 18 Pa.C.S. § 2502 (relating to murder).
15 18 Pa.C.S. § 2503 (relating to voluntary
16 manslaughter).
17 18 Pa.C.S. § 2702 (relating to aggravated assault).
18 18 Pa.C.S. § 2703 (relating to assault by prisoner).
19 18 Pa.C.S. § 2704 (relating to assault by life
20 prisoner).
21 18 Pa.C.S. § 2901 (relating to kidnapping).
22 18 Pa.C.S. § 3121 (relating to [rape] AGGRAVATED <--
23 SEXUAL ASSAULT).
24 [18 Pa.C.S. § 3122 (relating to statutory rape). <--
25 18 Pa.C.S. § 3123 (relating to involuntary deviate
26 sexual intercourse).] <--
27 18 PA.C.S. § 3122.1 (RELATING TO STATUTORY SEXUAL <--
28 ASSAULT).
29 18 Pa.C.S. § 3124.1 (relating to sexual assault).
30 18 Pa.C.S. § 3125 (relating to aggravated indecent
19951S0002B0082 - 24 -
1 assault).
2 18 Pa.C.S. § 3126 (relating to indecent assault).
3 18 Pa.C.S. § 3301 (relating to arson and related
4 offenses).
5 18 Pa.C.S. § 3701 (relating to robbery).
6 18 Pa.C.S. § 3923 (relating to theft by extortion).
7 18 Pa.C.S. § 4302 (relating to incest).
8 18 Pa.C.S. § 5121 (relating to escape).
9 (2) An offense under this subsection also includes a
10 conviction under 18 Pa.C.S. § 3502 (relating to burglary)
11 where the grading of the offense was a felony of the first
12 degree under section 3502(c)(1).
13 (3) A person sentenced under 18 Pa.C.S. § 6314 (relating
14 to sentencing and penalties for trafficking drugs to minors)
15 or 7508 (relating to drug trafficking sentencing and
16 penalties) shall be ineligible for sentencing under this
17 section.
18 Section 16 18. This act shall apply as follows: <--
19 (1) The amendment or addition of 18 Pa.C.S. §§ 3101,
20 3102, 3105, 3106, 3121, 3123 3122.1, 3124.1, 3125, 3126, <--
21 3127, 4302, 4303, 5902(e) and 6312 shall apply to offenses
22 committed on or after the effective date of this act.
23 (2) The addition of 42 Pa.C.S. § 5989 shall apply to
24 proceedings conducted on or after the effective date of this
25 act.
26 Section 17 19. This act shall take effect in 60 days. <--
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