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                                                      PRINTER'S NO. 1271

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1125 Session of 1997


        INTRODUCED BY BARD, COY, BLAUM, RUBLEY, STEIL, HERMAN, FLEAGLE,
           TRUE, PLATTS, SERAFINI, FLICK, RAYMOND, E. Z. TAYLOR, SHANER,
           STEELMAN, BAKER, HARHART, ROONEY, BARRAR, BELARDI, SCRIMENTI,
           SAYLOR, JOSEPHS, CORPORA, MUNDY, McGILL, ARMSTRONG,
           TRAVAGLIO, WALKO, EGOLF, FARGO, WAUGH, CASORIO, FAIRCHILD,
           CLARK, BEBKO-JONES, C. WILLIAMS, DALEY, YOUNGBLOOD, TIGUE,
           PISTELLA, BENNINGHOFF, CORNELL, SCHRODER, KENNEY, MILLER,
           ORIE, McCALL, BOSCOLA, McNAUGHTON, ROSS, TULLI, TRELLO AND
           L. I. COHEN, APRIL 2, 1997

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 2, 1997

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, prohibiting unauthorized
     3     administration of an intoxicant; and providing for additional
     4     penalties for certain drug-induced rape.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 18 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 2714.  Unauthorized administration of intoxicant.
    10     A person commits a felony of the second degree when he or she
    11  substantially impairs the complainant's power to appraise or
    12  control his or her conduct by administering, without the
    13  knowledge of the complainant, drugs or other intoxicants.
    14     Section 2.  Section 3121 of Title 18 is amended to read:
    15  § 3121.  Rape.


     1     (a)  Offense defined.--A person commits a felony of the first
     2  degree when he or she engages in sexual intercourse with a
     3  complainant:
     4         (1)  By forcible compulsion.
     5         (2)  By threat of forcible compulsion that would prevent
     6     resistance by a person of reasonable resolution.
     7         (3)  Who is unconscious or where the person knows that
     8     the complainant is unaware that the sexual intercourse is
     9     occurring.
    10         (4)  Where the person has substantially impaired the
    11     complainant's power to appraise or control his or her conduct
    12     by administering or employing, without the knowledge of the
    13     complainant, drugs, intoxicants or other means for the
    14     purpose of preventing resistance.
    15         (5)  Who suffers from a mental disability which renders
    16     the complainant incapable of consent.
    17         (6)  Who is less than 13 years of age.
    18     (b)  Additional penalties.--In addition to the penalty
    19  provided for by subsection (a), a person may be sentenced to an
    20  additional term not to exceed ten years' confinement and an
    21  additional amount not to exceed $100,000 where the person
    22  engages in sexual intercourse with a complainant and has
    23  substantially impaired the complainant's power to appraise or
    24  control his or her conduct by administering or employing,
    25  without the knowledge of the complainant, Flunitrazepam for the
    26  purpose of preventing resistance through the inducement of
    27  euphoria, memory loss and any other effect of this drug.
    28     Section 3.  This act shall take effect in 60 days.


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