AN ACT

 

1Amending Title Titles 18 (Crimes and Offenses) <-and 42 (Judiciary 
2and Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, <-in sexual offenses, providing for the offense of
4sexual assault by sports official, volunteer or employee of
5nonprofit association<-; and, in sentencing, further providing 
6for sentences for offenses against infant persons.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Title 18 of the Pennsylvania Consolidated
10Statutes is amended by adding a section to read:

11§ 3124.3. Sexual assault by sports official, volunteer or
12employee of nonprofit association.

13(a) Sports official.--Except as provided in section 3121 
14(relating to rape), 3122.1 (relating to statutory sexual 
15assault), 3123 (relating to involuntary deviate sexual 
16intercourse), 3124.1 (relating to sexual assault) and 3125 
17(relating to aggravated indecent assault), a person who serves
 

1as a sports official in a sports program of a nonprofit 
2association or a for-profit association commits a felony of the 
3third degree when that person engages in sexual intercourse, 
4deviate sexual intercourse or indecent contact with a child 
5under 18 years of age who is participating in a sports program 
6of the nonprofit association or for-profit association.

7(b) Volunteer or employee of nonprofit association.--Except
8as provided in sections 3121, 3122.1, 3123, 3124.1 and 3125, a
9volunteer or an employee of a nonprofit association having
10direct contact with a child under 18 years of age who
11participates in a program or activity of the nonprofit
12association commits a felony of the third degree if the
13volunteer or employee engages in sexual intercourse, deviate
14sexual intercourse or indecent contact with that child.

15(c) Definitions.--As used in this section, the following 
16words and phrases shall have the meanings given to them in this 
17subsection unless the context clearly indicates otherwise:

18"Direct contact." Care, supervision, guidance or control.

19"Nonprofit association." As defined in 42 Pa.C.S. § 8332.1
20(relating to manager, coach, umpire or referee and nonprofit
21association negligence standard).

22"Sports official." A person who supervises children
23participating in a sports program of a nonprofit association or
24a for-profit association, including, but not limited to, a
25coach, assistant coach, athletic trainer, team attendant, game
26manager, instructor or a person at a sports program who enforces
27the rules of a sporting event sponsored by a sports program of a
28nonprofit association or a for-profit association, including,
29but not limited to, an umpire or referee, whether receiving
30remuneration or holding the position as a volunteer.

1"Sports program." As defined in 42 Pa.C.S. § 8332.1
2(relating to manager, coach, umpire or referee and nonprofit
3association negligence standard).

<-4Section 2. Section 9718(a) of Title 42 is amended to read:

5§ 9718. Sentences for offenses against infant persons.

6(a) Mandatory sentence.--

7(1) A person convicted of the following offenses when
8the victim is [under] less than 16 years of age shall be
9sentenced to a mandatory term of imprisonment as follows:

1018 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
11assault) - not less than two years.

1218 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating
13to rape) - not less than ten years.

1418 Pa.C.S. § 3123 (relating to involuntary deviate sexual
15intercourse) - not less than ten years.

1618 Pa.C.S. § 3125(a)(1) through (6) (relating to
17aggravated indecent assault) - not less than five years.

18(2) A person convicted of the following offenses when
19the victim is less than 13 years of age shall be sentenced to
20a mandatory term of imprisonment as follows:

2118 Pa.C.S. § 2502(c) (relating to murder) - not less than
2215 years.

2318 Pa.C.S. § 2702(a)(1) - not less than five years.

24(3) A person convicted of the following offenses shall
25be sentenced to a mandatory term of imprisonment as follows:

2618 Pa.C.S. § 3121(c) and (d) - not less than ten years.

2718 Pa.C.S. § 3125(a)(7) - not less than five years.

2818 Pa.C.S. § 3125(b) - not less than ten years.

29* * *

30Section 3. Section 2506(b) of Title 18 is repealed insofar

1as it is inconsistent with this act.

2Section <-2 4. This act shall take effect in 60 days.