PRINTER'S NO. 2706
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2322
Session of
2022
INTRODUCED BY SHUSTERMAN, CEPHAS, DALEY, FRANKEL, KINSEY,
SCHLOSSBERG, ISAACSON, GUZMAN, SANCHEZ, HOHENSTEIN, MADDEN,
DELLOSO, N. NELSON, BOBACK, PARKER AND KIM, FEBRUARY 3, 2022
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2022
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for damages in actions for
nonconsensual misuse of condom.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 8320.1. Damages in actions for nonconsensual misuse of
condom.
(a) Cause of action established.--A person may bring a civil
action in order to recover damages for loss or injury sustained
as a result of the nonconsensual misuse of a condom.
(b) Parties authorized to bring action.--An action may be
brought by an individual or a guardian of an individual, if the
individual is incompetent, who sustained the loss or injury.
(c) Damages.--A court shall award damages as provided in
this subsection. In determining the extent of injury, the court
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shall consider that nonconsensual misuse of a condom may cause
long-term or permanent injury. The court shall award:
(1) Actual damages arising from the incident or $500,
whichever is greater. Damages shall include medical expenses,
cost of testing, intentional infliction of emotional distress
and negligent infliction of emotional distress. The court
may, in its discretion, award up to three times the actual
damages sustained, but not less than $500.
(2) Reasonable attorney fees and court costs.
(3) Injunctive and other equitable relief.
(4) Additional relief the court deems necessary and
proper.
(d) Mandatory counseling.--In a civil action under
subsection (a), the plaintiff may ask the court to mandate the
defendant to attend counseling sessions. If ordered to attend
counseling, the defendant shall be financially responsible for
the counseling fee.
(e) Other remedies preserved.--Nothing in this section shall
be construed to limit, prevent or impair the ability of a person
to receive restitution in any other cause of action or criminal
liability.
(f) Definitions.--As used in this section, "nonconsensual
misuse of a condom" means sexual intercourse between individuals
where:
(1) One of the individuals reasonably believes that the
other individual:
(i) will wear a condom and will not remove, tamper
with or damage the condom; and
(ii) will not wear a condom that has been tampered
with or damaged.
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(2) The other individual wears a condom and:
(i) intentionally removes, tampers with or damages
the condom; or
(ii) knows that the condom has been tampered with or
damaged.
Section 2. This act shall take effect in 60 days.
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