AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for simple assault 
3and for aggravated assault.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Sections 2701(b)(2) and 2702(a) and (b) of Title
718 of the Pennsylvania Consolidated Statutes are amended to
8read:

9§ 2701. Simple assault.

10* * *

11(b) Grading.--Simple assault is a misdemeanor of the second
12degree unless committed:

13* * *

14(2) against a child under 12 years of age by [an adult
1521] a person 18 years of age or older, in which case it is a
16misdemeanor of the first degree.

1§ 2702. Aggravated assault.

2(a) Offense defined.--A person is guilty of aggravated
3assault if he:

4(1) attempts to cause serious bodily injury to another,
5or causes such injury intentionally, knowingly or recklessly
6under circumstances manifesting extreme indifference to the
7value of human life;

8(2) attempts to cause or intentionally, knowingly or
9recklessly causes serious bodily injury to any of the
10officers, agents, employees or other persons enumerated in
11subsection (c) or to an employee of an agency, company or
12other entity engaged in public transportation, while in the
13performance of duty;

14(3) attempts to cause or intentionally or knowingly
15causes bodily injury to any of the officers, agents,
16employees or other persons enumerated in subsection (c), in
17the performance of duty;

18(4) attempts to cause or intentionally or knowingly
19causes bodily injury to another with a deadly weapon;

20(5) attempts to cause or intentionally or knowingly
21causes bodily injury to a teaching staff member, school board
22member or other employee, including a student employee, of
23any elementary or secondary publicly-funded educational
24institution, any elementary or secondary private school
25licensed by the Department of Education or any elementary or
26secondary parochial school while acting in the scope of his
27or her employment or because of his or her employment
28relationship to the school;

29(6) attempts by physical menace to put any of the
30officers, agents, employees or other persons enumerated in

1subsection (c), while in the performance of duty, in fear of
2imminent serious bodily injury; [or]

3(7) uses tear or noxious gas as defined in section
42708(b) (relating to use of tear or noxious gas in labor
5disputes) or uses an electric or electronic incapacitation
6device against any officer, employee or other person
7enumerated in subsection (c) while acting in the scope of his
8employment[.];

9(8) attempts to cause or intentionally, knowingly or
10recklessly causes bodily injury to a child under four years
11of age; or

12(9) attempts to cause or intentionally, knowingly or
13recklessly causes serious bodily injury to a child under 12
14years of age.

15(b) Grading.--Aggravated assault under subsection (a)(1)
16[and (2)], (2) and (9) is a felony of the first degree.
17Aggravated assault under subsection (a)(3), (4), (5), (6) [and
18(7)], (7) and (8) is a felony of the second degree.

19* * *

20Section 2. The amendment of 18 Pa.C.S. §§ 2701(b)(2) and
212702(a) and (b) shall apply to offenses committed on or after
22the effective date of this section.

23Section 3. This act shall take effect in 60 days.