THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SIPTROTH, BAKER, BARRAR, BEAR, BEYER, BRENNAN, CARROLL, CUTLER, DALLY, EVERETT, FLECK, GEIST, GEORGE, GINGRICH, GOODMAN, GRUCELA, HARRIS, HENNESSEY, HESS, HICKERNELL, HORNAMAN, KOTIK, MANN, MILNE, MURT, PETRARCA, PYLE, QUINN, READSHAW, REICHLEY, ROCK, SANTONI, SCAVELLO, SWANGER, TRUE, VULAKOVICH, WATERS, WATSON AND YOUNGBLOOD, JUNE 5, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 5, 2009  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, further providing for indecent assault; and further

defining "aggravated circumstances."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3126(b) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3126.  Indecent assault.

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(b)  Grading.--Indecent assault [shall be graded as follows:

(1)  An offense under subsection (a)(1) or (8) is a

misdemeanor of the second degree.

(2)  An offense under subsection (a)(2), (3), (4), (5) or

(6) is a misdemeanor of the first degree.

(3)  An offense under subsection (a)(7) is a misdemeanor

of the first degree unless any of the following apply, in

which case it is a felony of the third degree:

(i)  It is a second or subsequent offense.

(ii)  There has been a course of conduct of indecent

assault by the person.

(iii)  The indecent assault was committed by touching

the complainant's sexual or intimate parts with sexual or

intimate parts of the person.

(iv)  The indecent assault is committed by touching

the person's sexual or intimate parts with the

complainant's sexual or intimate parts.] under subsection

(a)(7) or (a)(8) is a felony of the third degree.

Otherwise, indecent assault is a misdemeanor of the first

degree.

Section 2.  The definition of "aggravated circumstances" in

section 6302 of Title 42 is amended to read:

§ 6302.  Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"Aggravated circumstances."  Any of the following

circumstances:

(1)  The child is in the custody of a county agency and

either:

(i)  the identity or whereabouts of the parents is

unknown and cannot be ascertained and the parent does not

claim the child within three months of the date the child

was taken into custody; or

(ii)  the identity or whereabouts of the parents is

known and the parents have failed to maintain substantial

and continuing contact with the child for a period of six

months.

(2)  The child or another child of the parent has been

the victim of physical abuse resulting in serious bodily

injury, sexual violence or aggravated physical neglect by the

parent.

(3)  The parent of the child has been convicted of any of

the following offenses where the victim was a child:

(i)  criminal homicide under 18 Pa.C.S. Ch. 25 

(relating to criminal homicide);

(ii)  a felony under 18 Pa.C.S. § 2702 (relating to

aggravated assault), 3121 (relating to rape), 3122.1

(relating to statutory sexual assault), 3123 (relating to

involuntary deviate sexual intercourse), 3124.1 (relating

to sexual assault) or 3125 (relating to aggravated

indecent assault).

(iii)  [A misdemeanor] An offense under 18 Pa.C.S. §

3126 (relating to indecent assault).

(iv)  An equivalent crime in another jurisdiction.

(4)  The attempt, solicitation or conspiracy to commit

any of the offenses set forth in paragraph (3).

(5)  The parental rights of the parent have been

involuntarily terminated with respect to a child of the

parent.

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Section 3.  This act shall take effect in 60 days.