PRINTER'S NO. 2034
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1446
Session of
2015
INTRODUCED BY MURT, ROZZI, COHEN, KINSEY, THOMAS, DAVIS,
O'BRIEN, McNEILL, ZIMMERMAN, TAYLOR, ROEBUCK, RAPP, SCHREIBER
AND PETRI, JULY 9, 2015
REFERRED TO COMMITTEE ON JUDICIARY, JULY 9, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
further providing for civil action arising from childhood
sexual abuse.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5533(b)(2) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
* * *
(2) (i) If an individual entitled to bring a civil
action arising from childhood sexual abuse is under 18
years of age at the time the cause of action accrues, the
individual shall have [a]:
(A) A period of 12 years after attaining 18
years of age in which to commence an action for
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
damages regardless of whether the individual files a
criminal complaint regarding the childhood sexual
abuse.
(B) Notwithstanding the provisions of clause (A)
or any other provision of law to the contrary, in the
case of an individual entitled to bring a civil
action arising from childhood sexual abuse where the
12-year period in clause (A) has expired, the
individual shall have an additional period of two
years from the effective date of this clause to
commence an action.
(ii) For the purposes of this paragraph, the term
"childhood sexual abuse" shall include, but not be
limited to, the following sexual activities between a
minor and an adult, provided that the individual bringing
the civil action engaged in such activities as a result
of forcible compulsion or by threat of forcible
compulsion which would prevent resistance by a person of
reasonable resolution:
(A) sexual intercourse, which includes
penetration, however slight, of any body part or
object into the sex organ of another;
(B) deviate sexual intercourse, which includes
sexual intercourse per os or per anus; [and]
(C) indecent contact, which includes any
touching of the sexual or other intimate parts of the
person for the purpose of arousing or gratifying
sexual desire in either person[.]; and
(D) being filmed or depicted in a photograph or
videotape, on a computer or in a book, magazine,
20150HB1446PN2034 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
pamphlet, slide or other material, committing
prohibited sexual acts or simulated prohibited sexual
acts as defined in 18 Pa.C.S. § 6312 (relating to
sexual abuse of children). This clause constitutes
"childhood sexual abuse" for purposes of this
subparagraph even if no other person but the minor or
other minors are filmed or depicted.
(iii) For purposes of this paragraph, "forcible
compulsion" shall have the meaning given to it in 18
Pa.C.S. § 3101 (relating to definitions).
Section 2. This act shall take effect immediately.
20150HB1446PN2034 - 3 -
1
2
3
4
5
6
7
8
9
10
11