1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in assault, further providing for the
3offense of simple assault and for the offense of aggravated
4assault; and, in falsification and intimidation, providing
5for the offense of false reports of child abuse and for the
6offense of intimidation or retaliation in child abuse cases.

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

9Section 1. Section 2701(a) and (b)(2) of Title 18 of the
10Pennsylvania Consolidated Statutes are amended to read:

11§ 2701. Simple assault.

12(a) Offense defined.--[A] Except as provided under section 
132702 (relating to aggravated assault), a person is guilty of
14assault if he:

15(1) attempts to cause or intentionally, knowingly or
16recklessly causes bodily injury to another;

17(2) negligently causes bodily injury to another with a
18deadly weapon;

1(3) attempts by physical menace to put another in fear
2of imminent serious bodily injury; or

3(4) conceals or attempts to conceal a hypodermic needle
4on his person and intentionally or knowingly penetrates a law
5enforcement officer or an officer or an employee of a
6correctional institution, county jail or prison, detention
7facility or mental hospital during the course of an arrest or
8any search of the person.

9(b) Grading.--Simple assault is a misdemeanor of the second
10degree unless committed:

11* * *

12(2) against a child under 12 years of age by [an adult
1321] a person 18 years of age or older, in which case it is a
14misdemeanor of the first degree.

15Section 2. Section 2702(a)(6) and (7) and (b) of Title 18
16are amended and subsection (a) is amended by adding paragraphs
17to read:

18§ 2702. Aggravated assault.

19(a) Offense defined.--A person is guilty of aggravated
20assault if he:

21* * *

22(6) attempts by physical menace to put any of the
23officers, agents, employees or other persons enumerated in
24subsection (c), while in the performance of duty, in fear of
25imminent serious bodily injury; [or]

26(7) uses tear or noxious gas as defined in section
272708(b) (relating to use of tear or noxious gas in labor
28disputes) or uses an electric or electronic incapacitation
29device against any officer, employee or other person
30enumerated in subsection (c) while acting in the scope of his

1employment[.];

2(8) attempts to cause or intentionally, knowingly or
3recklessly causes bodily injury to a child less than six
4years of age, by a person 18 years of age or older; or

5(9)  attempts to cause or intentionally, knowingly or
6recklessly causes serious bodily injury to a child less than
713 years of age, by a person 18 years of age or older.

8(b) Grading.--Aggravated assault under subsection (a)(1)
9[and], (2) and (9) is a felony of the first degree. Aggravated
10assault under subsection (a)(3), (4), (5), (6) [and (7)], (7) 
11and (8) is a felony of the second degree.

12* * *

13Section 3. Title 18 is amended by adding sections to read:

14§ 4906.1.  False reports of child abuse.

15Any person who intentionally makes a false report of
16suspected child abuse against a person, school employee, private
17residential rehabilitative institution employee, detention
18facility employee or child-care services employee commits a
19misdemeanor of the second degree.

20§ 4958.  Intimidation or retaliation in child abuse cases.

21(a) Intimidation.--A person commits an offense if:

22(1)  The person has knowledge or intends that the
23person's conduct under paragraph (2) will obstruct, impede,
24impair, prevent or interfere with the making of a child abuse
25report or the conducting of an investigation into suspected
26child abuse under 23 Pa.C.S. Ch. 63 (relating to child
27protective services) or prosecuting a child abuse case.

28(2)  The person intimidates or attempts to intimidate any
29reporter, victim or witness to engage in any of the following
30actions:

1(i)  Refrain from making a report of suspected child
2abuse or not cause a report of suspected child abuse to
3be made.

4(ii)  Refrain from providing or withholding
5information, documentation, testimony or evidence to any
6person regarding a child abuse investigation or
7proceeding.

8(iii)  Give false or misleading information,
9documentation, testimony or evidence to any person
10regarding a child abuse investigation or proceeding.

11(iv)  Elude, evade or ignore any request or legal
12process summoning the reporter, victim or witness to
13appear to testify or supply evidence regarding a child
14abuse investigation or proceeding.

15(v)  Fail to appear at or participate in a child
16abuse proceeding or meeting involving a child abuse
17investigation to which the reporter, victim or witness
18has been legally summoned.

19(b) Retaliation.--A person commits an offense if the person
20harms another person by any unlawful act or engages in a course
21of conduct or repeatedly commits acts which threaten another
22person in retaliation for anything that the other person has
23lawfully done in the capacity of a reporter, witness or victim
24of child abuse.

25(c)  Grading.--

26(1)  An offense under this section is a felony of the
27second degree if:

28(i)  The actor employs force, violence or deception
29or threatens to employ force, violence or deception upon
30the reporter, witness or victim or, with reckless intent

1or knowledge, upon any other person.

2(ii)  The actor offers pecuniary or other benefit to
3the reporter, witness or victim.

4(iii)  The actor's conduct is in furtherance of a
5conspiracy to intimidate or retaliate against the
6reporter, witness or victim.

7(iv)  The actor accepts, agrees or solicits another
8person to accept any pecuniary benefit to intimidate or
9retaliate against the reporter, witness or victim.

10(v)  The actor has suffered a prior conviction for a
11violation of this section or has been convicted under a
12Federal statute or statute of any other state of an act
13which would be a violation of this section if committed
14in this Commonwealth.

15(2)  An offense not otherwise addressed in paragraph (1)
16is a misdemeanor of the second degree.

17(d)  Definitions.--The following words and phrases when used
18in this section shall have the meanings given to them in this
19subsection unless the context clearly indicates otherwise:

20"Child abuse." As defined in 23 Pa.C.S. § <-6303(b)
<-216303(b.1) (relating to definitions).

22Section 4. This act shall take effect <-January 1, 2014, or 
23immediately, whichever is later. <-as follows:

24(1) The amendments of sections 2701 and 2702 and this
25section shall take effect immediately.

26(2) The remainder of this act shall take effect January
271, 2014.