PRIOR PRINTER'S NO. 1271 PRINTER'S NO. 1622
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, L. I. COHEN, RAMOS, CURRY, THOMAS AND LYNCH, APRIL 2, 1997
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 29, 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 MISDEMEANOR OF THE <-- 11 FIRST degree when he or she substantially impairs the 12 complainant's power to appraise or control his or her conduct by 13 administering, without the knowledge of the complainant, drugs 14 or other intoxicants. IT SHALL BE A DEFENSE TO A PROSECUTION <-- 15 UNDER THIS SECTION IF THE PERSON PROVES BY A PREPONDERANCE OF
1 THE EVIDENCE THAT THE COMPLAINANT KNOWINGLY CONTINUED TO CONSUME 2 THE DRUGS OR OTHER INTOXICANTS AFTER THEIR INITIAL 3 ADMINISTRATION. 4 Section 2. Section 3121 of Title 18 is amended to read: 5 § 3121. Rape. 6 (a) Offense defined.--A person commits a felony of the first 7 degree when he or she engages in sexual intercourse with a 8 complainant: 9 (1) By forcible compulsion. 10 (2) By threat of forcible compulsion that would prevent 11 resistance by a person of reasonable resolution. 12 (3) Who is unconscious or where the person knows that 13 the complainant is unaware that the sexual intercourse is 14 occurring. 15 (4) Where 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 (5) Who suffers from a mental disability which renders 21 the complainant incapable of consent. 22 (6) Who is less than 13 years of age. 23 (b) Additional penalties.--In addition to the penalty 24 provided for by subsection (a), a person may be sentenced to an 25 additional term not to exceed ten years' confinement and an 26 additional amount not to exceed $100,000 where the person 27 engages in sexual intercourse with a complainant and has 28 substantially impaired the complainant's power to appraise or 29 control his or her conduct by administering or employing, 30 without the knowledge of the complainant, Flunitrazepam ANY <-- 19970H1125B1622 - 2 -
1 SUBSTANCE for the purpose of preventing resistance through the 2 inducement of euphoria, memory loss and any other effect of this 3 drug SUBSTANCE. <-- 4 Section 3. This act shall take effect in 60 days. C26L18JS/19970H1125B1622 - 3 -