PRINTER'S NO. 272
No. 235 Session of 2007
INTRODUCED BY KASUNIC, COSTA, STOUT, BOSCOLA, STACK, FONTANA,
O'PAKE, LAVALLE, RAFFERTY, TARTAGLIONE, MUSTO, ORIE, KITCHEN
AND RHOADES, MARCH 7, 2007
REFERRED TO JUDICIARY, MARCH 7, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for simple assault.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 2701 of Title 18 of the Pennsylvania
6 Consolidated Statutes is amended to read:
7 § 2701. Simple assault.
8 (a) Offense defined.--A person is guilty of assault if he:
9 (1) attempts to cause or intentionally, knowingly or
10 recklessly causes bodily injury to another;
11 (2) negligently causes bodily injury to another with a
12 deadly weapon;
13 (3) attempts by physical menace to put another in fear
14 of imminent serious bodily injury; [or]
15 (4) conceals or attempts to conceal a hypodermic needle
16 on his person and intentionally or knowingly penetrates a law
17 enforcement officer or an officer or an employee of a
1 correctional institution, county jail or prison, detention
2 facility or mental hospital during the course of an arrest or
3 any search of the person[.]; or
4 (5) intentionally or recklessly propels an object to
5 make contact with a moving vehicle which results in bodily
6 injury or temporary bodily impairment.
7 (b) Grading.--[Simple assault is a misdemeanor of the second
8 degree unless committed:]
9 (1) Simple assault under subsection (a)(1), (2), (3) or
10 (4) is a misdemeanor of the second degree unless committed in
11 a fight or scuffle entered into by mutual consent, in which
12 case it is a misdemeanor of the third degree[; or].
13 (2) Simple assault under subsection (a)(1), (2), (3) or
14 (4) is a misdemeanor of the second degree unless committed
15 against a child under 12 years of age by an adult 21 years of
16 age or older, in which case it is a misdemeanor of the first
17 degree.
18 (3) Simple assault under subsection (a)(5) is a
19 misdemeanor of the first degree.
20 Section 2. This act shall take effect in 60 days.
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