PRINTER'S NO. 3641
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2931
Session of
2022
INTRODUCED BY RABB, HOHENSTEIN AND D. WILLIAMS,
NOVEMBER 29, 2022
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 29, 2022
AN ACT
Amending Titles 18 (Crimes and Offenses), 23 (Domestic
Relations), 42 (Judiciary and Judicial Procedure), 54 (Names)
and 61 (Prisons and Parole) of the Pennsylvania Consolidated
Statutes, in authorized disposition of offenders, further
providing for Accelerated Rehabilitative Disposition
prohibited; in criminal homicide, further providing for the
offense of murder; in assault, further providing for the
offense of stalking and for the offense of unauthorized
administration of intoxicant; in sexual offenses, further
providing for definitions and for the offense of rape,
repealing provisions relating to the offense of involuntary
deviate sexual intercourse and further providing for the
offense of sexual assault, for the offense of institutional
sexual assault, for the offense of sexual assault by sports
official, volunteer or employee of nonprofit association, for
the offense of aggravated indecent assault and for general
rule relating to loss of property rights; in wiretapping and
electronic surveillance, further providing for definitions
and for order authorizing interception of wire, electronic or
oral communications; in public indecency, further providing
for the the offense of prostitution and related offenses; in
firearms and other dangerous articles, further providing for
persons not to possess, use, manufacture, control, sell or
transfer firearms; in minors, further providing for
transmission of sexually explicit images by minor; in
criminal history record information, further providing for
expungement and for juvenile records; in child custody,
further providing for consideration of criminal conviction;
in protection from abuse, further providing for definitions;
in child protective services, further providing for
definitions, for exclusions from child abuse and for
employees having contact with children and adoptive and
foster parents; in domestic and sexual violence victim
address confidentiality, further providing for penalties; in
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limitation of time, further providing for infancy, insanity
or imprisonment, for no limitation applicable and for other
offenses; in depositions and witnesses, further providing for
spouses as witnesses against each other and for hearsay; in
juvenile matters, further providing for definitions, for
inspection of court files and records, for law enforcement
records, for conduct of hearings, for transfer to criminal
proceedings and for assessment of delinquent children by the
State Sexual Offenders Assessment Board; in court-ordered
involuntary treatment of certain sexually violent persons,
further providing for definitions and for court-ordered
involuntary treatment; in sentencing, further providing for
sentences for second or subsequent offenses, for sentences
for offenses against elderly persons, for sentences for
offenses against infant persons, for sentences for offenses
committed while impersonating a law enforcement officer, for
sentencing for trafficking of persons, for definitions, for
sexual offenses and tier system, for termination of period of
registration for juvenile offenders, for assessments, for
registration and for assessments; in judicial change of name,
further providing for change by order of court; in
Pennsylvania Board of Probation and Parole, further providing
for parole procedure; and, in interstate compacts, further
providing for supervision of persons paroled by other states.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1111 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1111. Accelerated Rehabilitative Disposition prohibited.
The attorney for the Commonwealth may not recommend and the
court may not authorize placement on Accelerated Rehabilitative
Disposition for a violation of any offense set forth in any of
the following if the victim was, at the time of the commission
of the offense, under 18 years of age:
(1) Section 3121 (relating to rape).
[(2) Section 3123 (relating to involuntary deviate
sexual intercourse).]
(3) Section 3125 (relating to aggravated indecent
assault).
Section 2. The definition of "perpetration of a felony" in
section 2502(d) of Title 18 is amended to read:
§ 2502. Murder.
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* * *
(d) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Perpetration of a felony." The act of the defendant in
engaging in or being an accomplice in the commission of, or an
attempt to commit, or flight after committing, or attempting to
commit robbery[, rape, or deviate sexual intercourse] or rape by
force or threat of force, arson, burglary or kidnapping.
* * *
Section 3. Sections 2709.1(c)(2) and 2714 of Title 18 are
amended to read:
§ 2709.1. Stalking.
* * *
(c) Grading.--
* * *
(2) A second or subsequent offense under this section or
a first offense under subsection (a) if the person has been
previously convicted of a crime of violence involving the
same victim, family or household member, including, but not
limited to, a violation of section 2701 (relating to simple
assault), 2702 (relating to aggravated assault), 2705
(relating to recklessly endangering another person), 2718
(relating to strangulation), 2901 (relating to kidnapping)[,]
or 3121 (relating to rape) [or 3123 (relating to involuntary
deviate sexual intercourse)], an order issued under section
4954 (relating to protective orders) or an order issued under
23 Pa.C.S. § 6108 (relating to relief) shall constitute a
felony of the third degree.
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* * *
§ 2714. Unauthorized administration of intoxicant.
A person commits a felony of the third degree when, with the
intent to commit an offense under section 3121(a)(4) (relating
to rape), [3123(a)(4) (relating to involuntary deviate sexual
intercourse),] 3125(5) (relating to aggravated indecent assault)
or 3126(a)(5) (relating to indecent assault), he or she
substantially impairs the complainant's power to appraise or
control his or her conduct by administering, without the
knowledge of the complainant, drugs or other intoxicants.
Section 4. The definitions of "deviate sexual intercourse"
and "sexual intercourse" in section 3101 of Title 18 are amended
to read:
§ 3101. Definitions.
Subject to additional definitions contained in subsequent
provisions of this chapter which are applicable to specific
provisions of this chapter, the following words and phrases when
used in this chapter shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
["Deviate sexual intercourse." Sexual intercourse per os or
per anus between human beings and any form of sexual intercourse
with an animal. The term also includes penetration, however
slight, of the genitals or anus of another person with a foreign
object for any purpose other than good faith medical, hygienic
or law enforcement procedures.]
* * *
"Sexual intercourse." In addition to its ordinary meaning,
includes intercourse per os or per anus, with some penetration
however slight; emission is not required. The term also includes
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penetration, however slight, of the genitals or anus of another
person with a foreign object for a purpose other than good faith
medical, hygienic or law enforcement procedures.
Section 5. Section 3121(a) of Title 18 is amended by adding
a paragraph to read:
§ 3121. Rape.
(a) Offense defined.--A person commits a felony of the first
degree when the person engages in sexual intercourse with a
complainant:
* * *
(7) Who is less than 16 years of age and the person is
four or more years older than the complainant and the
complainant and person are not married to each other.
* * *
Section 6. Section 3123 of Title 18 is repealed:
[§ 3123. Involuntary deviate sexual intercourse.
(a) Offense defined.--A person commits a felony of the first
degree when the person engages in deviate sexual intercourse
with a complainant:
(1) by forcible compulsion;
(2) by threat of forcible compulsion that would prevent
resistance by a person of reasonable resolution;
(3) who is unconscious or where the person knows that
the complainant is unaware that the sexual intercourse is
occurring;
(4) where the person has substantially impaired the
complainant's power to appraise or control his or her conduct
by administering or employing, without the knowledge of the
complainant, drugs, intoxicants or other means for the
purpose of preventing resistance;
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(5) who suffers from a mental disability which renders
him or her incapable of consent; or
(6) (Deleted by amendment).
(7) who is less than 16 years of age and the person is
four or more years older than the complainant and the
complainant and person are not married to each other.
(b) Involuntary deviate sexual intercourse with a child.--A
person commits involuntary deviate sexual intercourse with a
child, a felony of the first degree, when the person engages in
deviate sexual intercourse with a complainant who is less than
13 years of age.
(c) Involuntary deviate sexual intercourse with a child with
serious bodily injury.--A person commits an offense under this
section with a child resulting in serious bodily injury, a
felony of the first degree, when the person violates this
section and the complainant is less than 13 years of age and the
complainant suffers serious bodily injury in the course of the
offense.
(d) Sentences.--Notwithstanding the provisions of section
1103 (relating to sentence of imprisonment for felony), a person
convicted of an offense under:
(1) Subsection (b) shall be sentenced to a term of
imprisonment which shall be fixed by the court at not more
than 40 years.
(2) Subsection (c) shall be sentenced up to a maximum
term of life imprisonment.
(e) Definition.--As used in this section, the term "forcible
compulsion" includes, but is not limited to, compulsion
resulting in another person's death, whether the death occurred
before, during or after the sexual intercourse.]
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Section 7. Section 3124.1 of Title 18 is amended to read:
§ 3124.1. Sexual assault.
Except as provided in section 3121 (relating to rape)[ or
3123 (relating to involuntary deviate sexual intercourse)], a
person commits a felony of the second degree when that person
engages in sexual intercourse [or deviate sexual intercourse]
with a complainant without the complainant's consent.
Section 8. Section 3124.2 of Title 18, amended or added July
11, 2022 (P.L.722, No.61), is amended to read:
§ 3124.2. Institutional sexual assault.
(a) General rule.--Except as provided under subsection (a.1)
and in sections 3121 (relating to rape), 3122.1 (relating to
statutory sexual assault), [3123 (relating to involuntary
deviate sexual intercourse),] 3124.1 (relating to sexual
assault) and 3125 (relating to aggravated indecent assault), a
person who is an employee or agent of the Department of
Corrections or a county correctional authority, youth
development center, youth forestry camp, State or county
juvenile detention facility, other licensed residential facility
serving children and youth, or mental health or mental
retardation facility or institution commits a felony of the
third degree when that person engages in sexual intercourse[,
deviate sexual intercourse] or indecent contact with an inmate,
detainee, another person being supervised by that person under
probation or parole supervision, patient or resident.
(a.1) Institutional sexual assault of a minor.--A person who
is an employee or agent of the Department of Corrections or a
county correctional authority, youth development center, youth
forestry camp, State or county juvenile detention facility,
other licensed residential facility serving children and youth
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or mental health or mental retardation facility or institution
commits a felony of the third degree when that person engages in
sexual intercourse[, deviate sexual intercourse] or indecent
contact with an inmate, another person being supervised by that
person under probation or parole supervision, detainee, patient
or resident who is under 18 years of age.
(a.2) Schools.--
(1) Except as provided in sections 3121, 3122.1, [3123,]
3124.1 and 3125, a person who is a volunteer or an employee
of a school or any other person who has direct contact with a
student at a school commits a felony of the third degree when
he engages in sexual intercourse, deviate sexual intercourse
or indecent contact with a student of the school.
(2) As used in this subsection, the following terms
shall have the meanings given to them in this paragraph:
(i) "Direct contact." Care, supervision, guidance
or control.
(ii) "Employee."
(A) Includes:
(I) A teacher, a supervisor, a supervising
principal, a principal, an assistant principal, a
vice principal, a director of vocational
education, a dental hygienist, a visiting
teacher, a home and school visitor, a school
counselor, a child nutrition program specialist,
a school librarian, a school secretary the
selection of whom is on the basis of merit as
determined by eligibility lists, a school nurse,
a substitute teacher, a janitor, a cafeteria
worker, a bus driver, a teacher aide and any
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other employee who has direct contact with school
students.
(II) An independent contractor who has a
contract with a school for the purpose of
performing a service for the school, a coach, an
athletic trainer, a coach hired as an independent
contractor by the Pennsylvania Interscholastic
Athletic Association or an athletic trainer hired
as an independent contractor by the Pennsylvania
Interscholastic Athletic Association.
(B) The term does not include:
(I) A student employed at the school.
(II) An independent contractor or any
employee of an independent contractor who has no
direct contact with school students.
(iii) "School." A public or private school,
intermediate unit or area vocational-technical school.
(iv) "Volunteer." The term does not include a
school student.
(a.3) Child care.--Except as provided in sections 3121,
3122.1, [3123,] 3124.1 and 3125, a person who is a volunteer or
an employee of a center for children commits a felony of the
third degree when he engages in sexual intercourse[, deviate
sexual intercourse] or indecent contact with a child who is
receiving services at the center.
(a.4) Peace officers.--
(1) Except as provided under sections 3121, 3122.1,
[3123,] 3124.1 and 3125, a person who is a peace officer or
employee of an agency employing a peace officer in his
official capacity commits a felony of the third degree when
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the person engages in sexual intercourse[, deviate sexual
intercourse] or indecent contact with another person who is
under official detention or in the custody of the person or
is a confidential informant of the person.
(2) A person who is a peace officer commits a felony of
the third degree when the person engages in sexual
intercourse[, deviate sexual intercourse] or indecent contact
with a child who is under official detention or in the
custody of the person or is a confidential informant of the
person.
(a.5) Consent not a defense.--Consent is not a defense to a
violation of subsection (a), (a.1), (a.2), (a.3), (a.4) or
(a.6).
(a.6) Caretakers.--
(1) Except as provided in paragraph (2) and in sections
3121, 3122.1, [3123,] 3124.1 and 3125, a caretaker commits a
felony of the third degree if the caretaker engages in sexual
intercourse[, deviate sexual intercourse] or indecent contact
with a care-dependent person who receives care, services or
treatment in or from a facility.
(2) Paragraph (1) does not apply if the victim and
defendant are spouses, persons living as spouses or current
sexual or intimate partners whose relationship preexisted the
caretaker relationship.
(3) As used in this subsection, the following terms
shall have the meanings given to them in this paragraph:
(i) "Care-dependent person." An adult who, due to
physical or cognitive disability or impairment, requires
assistance to meet the needs for food, shelter, clothing,
personal care or health care.
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(ii) "Caretaker." A person who is any of the
following:
(A) An owner, operator, manager or employee of a
facility.
(B) An individual who provides care to a care-
dependent person in a facility.
(C) An individual who has an obligation to
provide care to a care-dependent person for monetary
consideration in a facility.
(D) An individual who does not reside with a
care-dependent person but who, with respect to the
care-dependent person, has:
(I) a legal duty to provide care;
(II) affirmatively assumed a responsibility
to provide care; or
(III) responsibility by contract or court
order to provide care.
(iii) "Facility." Any of the following:
(A) A nursing home, personal care home, assisted
living facility, private care residence or the care-
dependent person's residence.
(B) A community residential facility or
intermediate care facility for an individual with a
mental disability.
(C) An adult daily living center.
(D) A home health care agency.
(E) A health care facility, as defined in
section 802.1 of the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act.
(iv) "Private care residence." A private residence,
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including a domiciliary care home:
(A) In which the owner of the residence or the
legal entity responsible for the operation of the
residence, for monetary consideration, provides or
assists with or arranges for the provision of food,
room, shelter, clothing, personal care or health care
in the residence, for a period exceeding 24 hours, to
fewer than four care-dependent persons who are not
relatives of the owner.
(B) That is not:
(I) required to be licensed as a long-term
care nursing facility, as defined in section
802.1 of the Health Care Facilities Act; and
(II) specified in subparagraph (iii)(A).
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Agent." A person who is assigned to work in a State or
county correctional or juvenile detention facility, a youth
development center, youth forestry camp, other licensed
residential facility serving children and youth or mental health
or mental retardation facility or institution, who is employed
by any State or county agency or any person employed by an
entity providing contract services to the agency.
"Center for children." Includes a child day-care center,
group and family day-care home, boarding home for children, a
center providing early intervention and drug and alcohol
services for children or other facility which provides child-
care services which are subject to approval, licensure,
registration or certification by the Department of Public
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Welfare or a county social services agency or which are provided
pursuant to a contract with the department or a county social
services agency. The term does not include a youth development
center, youth forestry camp, State or county juvenile detention
facility and other licensed residential facility serving
children and youth.
"Child." An individual who is less than 18 years of age.
"Confidential informant." An individual who engages in the
activity of associating with persons engaged in criminal
activity for the purpose of furnishing information to or acting
as an agent for a law enforcement agency.
"Custody." The term includes a traffic stop, a custodial
interrogation or an interview conducted in connection with an
investigation.
"Official detention." As that term is defined in section
5121 (relating to escape).
Section 9. Sections 3124.3(a) and (b), 3125(a) introductory
paragraph and 3141 of Title 18 are amended to read:
§ 3124.3. Sexual assault by sports official, volunteer or
employee of nonprofit association.
(a) Sports official.--Except as provided in sections 3121
(relating to rape), 3122.1 (relating to statutory sexual
assault), [3123 (relating to involuntary deviate sexual
intercourse),] 3124.1 (relating to sexual assault) and 3125
(relating to aggravated indecent assault), a person who serves
as a sports official in a sports program of a nonprofit
association or a for-profit association commits a felony of the
third degree when that person engages in sexual intercourse[,
deviate sexual intercourse] or indecent contact with a child
under 18 years of age who is participating in a sports program
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of the nonprofit association or for-profit association.
(b) Volunteer or employee of nonprofit association.--Except
as provided in sections 3121, 3122.1, [3123,] 3124.1 and 3125, a
volunteer or an employee of a nonprofit association having
direct contact with a child under 18 years of age who
participates in a program or activity of the nonprofit
association commits a felony of the third degree if the
volunteer or employee engages in sexual intercourse[, deviate
sexual intercourse] or indecent contact with that child.
* * *
§ 3125. Aggravated indecent assault.
(a) Offenses defined.--Except as provided in sections 3121
(relating to rape), 3122.1 (relating to statutory sexual
assault)[, 3123 (relating to involuntary deviate sexual
intercourse)] and 3124.1 (relating to sexual assault), a person
who engages in penetration, however slight, of the genitals or
anus of a complainant with a part of the person's body for any
purpose other than good faith medical, hygienic or law
enforcement procedures commits aggravated indecent assault if:
* * *
§ 3141. General rule.
A person:
(1) convicted under section 3121 (relating to rape),
3122.1 (relating to statutory sexual assault), [3123
(relating to involuntary deviate sexual intercourse),] 3124.1
(relating to sexual assault), 3125 (relating to aggravated
indecent assault) or 3126 (relating to indecent assault); or
(2) required to register with the Pennsylvania State
Police under 42 Pa.C.S. Ch. 97 Subch. H (relating to
registration of sexual offenders) or I (relating to continued
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registration of sexual offenders);
may be required to forfeit property rights in any property or
assets used to implement or facilitate commission of the crime
or crimes of which the person has been convicted. The forfeiture
shall be conducted in accordance with 42 Pa.C.S. §§ 5803
(relating to asset forfeiture), 5805 (relating to forfeiture
procedure), 5806 (relating to motion for return of property),
5807 (relating to restrictions on use), 5807.1 (relating to
prohibition on adoptive seizures) and 5808 (relating to
exceptions).
Section 10. The definition of "crime of violence" in section
5702 of Title 18 is amended to read:
§ 5702. Definitions.
As used in this chapter, the following words and phrases
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Crime of violence." Any of the following:
(1) Any of the following crimes:
(i) Murder in any degree as defined in section
2502(a), (b) or (c) (relating to murder).
(ii) Voluntary manslaughter as defined in section
2503 (relating to voluntary manslaughter), drug delivery
resulting in death as defined in section 2506(a) relating
to drug delivery resulting in death), aggravated assault
as defined in section 2702(a)(1) or (2) (relating to
aggravated assault), 2718 (relating to strangulation),
kidnapping as defined in section 2901(a) or (a.1)
(relating to kidnapping), rape as defined in section
3121(a), (c) or (d) (relating to rape), [involuntary
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deviate sexual intercourse as defined in section 3123(a),
(b) or (c) (relating to involuntary deviate sexual
intercourse),] sexual assault as defined in section
3124.1 (relating to sexual assault), aggravated indecent
assault as defined in section 3125(a) or (b) (relating to
aggravated indecent assault), incest as defined in
section 4302(a) or (b) (relating to incest), arson as
defined in section 3301(a) (relating to arson and related
offenses), burglary as defined in section 3502(a)(1)
(relating to burglary), robbery as defined in section
3701(a)(1)(i), (ii) or (iii) (relating to robbery) or
robbery of a motor vehicle as defined in section 3702(a)
(relating to robbery of motor vehicle).
(iii) Intimidation of witness or victim as defined
in section 4952(a) and (b) (relating to intimidation of
witnesses or victims).
(iv) Retaliation against witness, victim or party as
defined in section 4953(a) and (b) (relating to
retaliation against witness, victim or party).
(v) Criminal attempt as defined in section 901(a)
(relating to criminal attempt), criminal solicitation as
defined in section 902(a) (relating to criminal
solicitation) or criminal conspiracy as defined in
section 903(a) (relating to criminal conspiracy) to
commit any of the offenses specified in this definition.
(2) Any offense equivalent to an offense under paragraph
(1) under the laws of this Commonwealth in effect at the time
of the commission of that offense or under the laws of
another jurisdiction.
* * *
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Section 11. Section 5708(1) of Title 18 is amended to read:
§ 5708. Order authorizing interception of wire, electronic or
oral communications.
The Attorney General, or, during the absence or incapacity of
the Attorney General, a deputy attorney general designated in
writing by the Attorney General, or the district attorney or,
during the absence or incapacity of the district attorney, an
assistant district attorney designated in writing by the
district attorney of the county wherein the suspected criminal
activity has been, is or is about to occur, may make written
application to any Superior Court judge for an order authorizing
the interception of a wire, electronic or oral communication by
the investigative or law enforcement officers or agency having
responsibility for an investigation involving suspected criminal
activities when such interception may provide evidence of the
commission of any of the following offenses, or may provide
evidence aiding in the apprehension of the perpetrator or
perpetrators of any of the following offenses:
(1) Under this title:
Section 911 (relating to corrupt organizations)
Section 2501 (relating to criminal homicide)
Section 2502 (relating to murder)
Section 2503 (relating to voluntary manslaughter)
Section 2702 (relating to aggravated assault)
Section 2706 (relating to terroristic threats)
Section 2709.1 (relating to stalking)
Section 2716 (relating to weapons of mass
destruction)
Section 2901 (relating to kidnapping)
Section 3011 (relating to trafficking in individuals)
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Section 3012 (relating to involuntary servitude)
Section 3121 (relating to rape)
[Section 3123 (relating to involuntary deviate sexual
intercourse)]
Section 3124.1 (relating to sexual assault)
Section 3125 (relating to aggravated indecent
assault)
Section 3301 (relating to arson and related offenses)
Section 3302 (relating to causing or risking
catastrophe)
Section 3502 (relating to burglary)
Section 3701 (relating to robbery)
Section 3921 (relating to theft by unlawful taking or
disposition)
Section 3922 (relating to theft by deception)
Section 3923 (relating to theft by extortion)
Section 4701 (relating to bribery in official and
political matters)
Section 4702 (relating to threats and other improper
influence in official and political matters)
Section 5512 (relating to lotteries, etc.)
Section 5513 (relating to gambling devices, gambling,
etc.)
Section 5514 (relating to pool selling and
bookmaking)
Section 5516 (relating to facsimile weapons of mass
destruction)
Section 6318 (relating to unlawful contact with
minor)
* * *
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Section 12. The definition of "sexual activity" in section
5902(f) of Title 18, amended July 11, 2022 (P.L.761, No.73), is
amended to read:
§ 5902. Prostitution and related offenses.
* * *
(f) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Sexual activity." Includes sexual intercourse [and deviate
sexual intercourse, as those terms are] as the term is defined
in section 3101 (relating to definitions), and any touching on
the sexual or other intimate parts of an individual for the
purpose of gratifying sexual desire of either person.
Section 13. Sections 6105(b), 6321(d)(1), 9122(b.1) and
9123(a.1) of Title 18 are amended to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
* * *
(b) Enumerated offenses.--The following offenses shall apply
to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school
property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if
the offense is based on the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
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Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709.1 (relating to stalking).
Section 2716 (relating to weapons of mass destruction).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor
vehicle or structure).
Section 3121 (relating to rape).
[Section 3123 (relating to involuntary deviate sexual
intercourse).]
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking
catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the
offense is graded a felony of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or
disposition) upon conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the
offense is accompanied by threats of violence.
Section 3925 (relating to receiving stolen property) upon
conviction of the second felony offense.
Section 4906 (relating to false reports to law
enforcement authorities) if the fictitious report involved
the theft of a firearm as provided in section 4906(c)(2).
Section 4912 (relating to impersonating a public servant)
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if the person is impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness,
victim or party).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for
escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary
training).
Section 5516 (relating to facsimile weapons of mass
destruction).
Section 6110.1 (relating to possession of firearm by
minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and
explosives).
Any offense equivalent to any of the above-enumerated
offenses under the prior laws of this Commonwealth or any
offense equivalent to any of the above-enumerated offenses
under the statutes of any other state or of the United
States.
* * *
§ 6321. Transmission of sexually explicit images by minor.
* * *
(d) Application of section.--This section shall not apply to
the following:
(1) Conduct that involves images that depict sexual
intercourse[, deviate sexual intercourse] or penetration,
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however slight, of the genitals or anus of a minor,
masturbation, sadism, masochism or bestiality.
* * *
§ 9122. Expungement.
* * *
(b.1) Prohibition.--A court shall not have the authority to
order expungement of the defendant's arrest record where the
defendant was placed on Accelerated Rehabilitative Disposition
for a violation of any offense set forth in any of the following
where the victim is under 18 years of age:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
[Section 3123 (relating to involuntary deviate sexual
intercourse).]
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 5902(b) (relating to prostitution and related
offenses).
Section 5903 (relating to obscene and other sexual
materials and performances).
* * *
§ 9123. Juvenile records.
* * *
(a.1) Exceptions.--Subsection (a) shall not apply if any of
the following apply:
(1) The individual meets all of the following:
(i) Was 14 years of age or older at the time the
individual committed an offense which, if committed by an
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adult, would be classified as:
(A) An offense under section 3121 (relating to
rape)[, 3123 (relating to involuntary deviate sexual
intercourse)] or 3125 (relating to aggravated
indecent assault).
(B) An attempt, solicitation or conspiracy to
commit an offense under section 3121[, 3123] or 3125.
(ii) Was adjudicated delinquent for the offense
under subparagraph (i).
(2) Upon cause shown.
* * *
Section 14. Section 5329(a) of Title 23 is amended to read:
§ 5329. Consideration of criminal conviction.
(a) Offenses.--Where a party seeks any form of custody, the
court shall consider whether that party or member of that
party's household has been convicted of or has pleaded guilty or
no contest to any of the offenses in this section or an offense
in another jurisdiction substantially equivalent to any of the
offenses in this section. The court shall consider such conduct
and determine that the party does not pose a threat of harm to
the child before making any order of custody to that party when
considering the following offenses:
18 Pa.C.S. Ch. 25 (relating to criminal homicide).
18 Pa.C.S. § 2702 (relating to aggravated assault).
18 Pa.C.S. § 2706 (relating to terroristic threats).
18 Pa.C.S. § 2709.1 (relating to stalking).
18 Pa.C.S. § 2718 (relating to strangulation).
18 Pa.C.S. § 2901 (relating to kidnapping).
18 Pa.C.S. § 2902 (relating to unlawful restraint).
18 Pa.C.S. § 2903 (relating to false imprisonment).
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18 Pa.C.S. § 2910 (relating to luring a child into a motor
vehicle or structure).
18 Pa.C.S. Ch. 30 (relating to human trafficking).
18 Pa.C.S. § 3121 (relating to rape).
18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).
[18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
intercourse).]
18 Pa.C.S. § 3124.1 (relating to sexual assault).
18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
18 Pa.C.S. § 3126 (relating to indecent assault).
18 Pa.C.S. § 3127 (relating to indecent exposure).
18 Pa.C.S. § 3129 (relating to sexual intercourse with
animal).
18 Pa.C.S. § 3130 (relating to conduct relating to sex
offenders).
18 Pa.C.S. § 3301 (relating to arson and related offenses).
18 Pa.C.S. § 4302 (relating to incest).
18 Pa.C.S. § 4303 (relating to concealing death of child).
18 Pa.C.S. § 4304 (relating to endangering welfare of
children).
18 Pa.C.S. § 4305 (relating to dealing in infant children).
18 Pa.C.S. § 5902(b) or (b.1) (relating to prostitution and
related offenses).
18 Pa.C.S. § 5903(c) or (d) (relating to obscene and other
sexual materials and performances).
18 Pa.C.S. § 6301 (relating to corruption of minors).
18 Pa.C.S. § 6312 (relating to sexual abuse of children).
18 Pa.C.S. § 6318 (relating to unlawful contact with minor).
18 Pa.C.S. § 6320 (relating to sexual exploitation of
children).
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Section 6114 (relating to contempt for violation of order or
agreement).
The former 75 Pa.C.S. § 3731 (relating to driving under
influence of alcohol or controlled substance).
75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol
or utilizing drugs).
Section 13(a)(1) of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, to the extent that it prohibits the manufacture,
sale or delivery, holding, offering for sale or possession of
any controlled substance or other drug or device.
* * *
Section 15. The definition of "abuse" in section 6102(a) of
Title 23 is amended to read:
§ 6102. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Abuse." The occurrence of one or more of the following acts
between family or household members, sexual or intimate partners
or persons who share biological parenthood:
(1) Attempting to cause or intentionally, knowingly or
recklessly causing bodily injury, serious bodily injury,
rape, [involuntary deviate sexual intercourse,] sexual
assault, statutory sexual assault, aggravated indecent
assault, indecent assault or incest with or without a deadly
weapon.
(2) Placing another in reasonable fear of imminent
serious bodily injury.
(3) The infliction of false imprisonment pursuant to 18
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Pa.C.S. § 2903 (relating to false imprisonment).
(4) Physically or sexually abusing minor children,
including such terms as defined in Chapter 63 (relating to
child protective services).
(5) Knowingly engaging in a course of conduct or
repeatedly committing acts toward another person, including
following the person, without proper authority, under
circumstances which place the person in reasonable fear of
bodily injury. The definition of this paragraph applies only
to proceedings commenced under this title and is inapplicable
to any criminal prosecutions commenced under Title 18
(relating to crimes and offenses).
* * *
Section 16. The definition of "sexual abuse or exploitation"
in section 6303(a) of Title 23 is amended to read:
§ 6303. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Sexual abuse or exploitation." Any of the following:
(1) The employment, use, persuasion, inducement,
enticement or coercion of a child to engage in or assist
another individual to engage in sexually explicit conduct,
which includes, but is not limited to, the following:
(i) Looking at the sexual or other intimate parts of
a child or another individual for the purpose of arousing
or gratifying sexual desire in any individual.
(ii) Participating in sexually explicit conversation
either in person, by telephone, by computer or by a
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computer-aided device for the purpose of sexual
stimulation or gratification of any individual.
(iii) Actual or simulated sexual activity or nudity
for the purpose of sexual stimulation or gratification of
any individual.
(iv) Actual or simulated sexual activity for the
purpose of producing visual depiction, including
photographing, videotaping, computer depicting or
filming.
This paragraph does not include consensual activities between
a child who is 14 years of age or older and another person
who is 14 years of age or older and whose age is within four
years of the child's age.
(2) Any of the following offenses committed against a
child:
(i) Rape as defined in 18 Pa.C.S. § 3121 (relating
to rape).
(ii) Statutory sexual assault as defined in
18 Pa.C.S. § 3122.1 (relating to statutory sexual
assault).
[(iii) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse).]
(iv) Sexual assault as defined in
18 Pa.C.S. § 3124.1 (relating to sexual assault).
(v) Institutional sexual assault as defined in
18 Pa.C.S. § 3124.2 (relating to institutional sexual
assault).
(vi) Aggravated indecent assault as defined in
18 Pa.C.S. § 3125 (relating to aggravated indecent
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assault).
(vii) Indecent assault as defined in
18 Pa.C.S. § 3126 (relating to indecent assault).
(viii) Indecent exposure as defined in
18 Pa.C.S. § 3127 (relating to indecent exposure).
(ix) Incest as defined in 18 Pa.C.S. § 4302
(relating to incest).
(x) Prostitution as defined in 18 Pa.C.S. § 5902
(relating to prostitution and related offenses).
(xi) Sexual abuse as defined in 18 Pa.C.S. § 6312
(relating to sexual abuse of children).
(xii) Unlawful contact with a minor as defined in
18 Pa.C.S. § 6318 (relating to unlawful contact with
minor).
(xiii) Sexual exploitation as defined in
18 Pa.C.S. § 6320 (relating to sexual exploitation of
children).
* * *
Section 17. Sections 6304(f)(2), 6344(c)(2) and 6711(b)(2)
of Title 23 are amended to read:
§ 6304. Exclusions from child abuse.
* * *
(f) Child-on-child contact.--
* * *
(2) Notwithstanding paragraph (1), the following shall
apply:
(i) Acts constituting any of the following crimes
against a child shall be subject to the reporting
requirements of this chapter:
(A) rape as defined in 18 Pa.C.S. § 3121
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(relating to rape);
[(B) involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse);]
(C) sexual assault as defined in 18 Pa.C.S. §
3124.1 (relating to sexual assault);
(D) aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault);
(E) indecent assault as defined in 18 Pa.C.S. §
3126 (relating to indecent assault); and
(F) indecent exposure as defined in 18 Pa.C.S. §
3127 (relating to indecent exposure).
(ii) No child shall be deemed to be a perpetrator of
child abuse based solely on physical or mental injuries
caused to another child in the course of a dispute, fight
or scuffle entered into by mutual consent.
(iii) A law enforcement official who receives a
report of suspected child abuse is not required to make a
report to the department under section 6334(a) (relating
to disposition of complaints received), if the person
allegedly responsible for the child abuse is a
nonperpetrator child.
* * *
§ 6344. Employees having contact with children; adoptive and
foster parents.
* * *
(c) Grounds for denying employment or participation in
program, activity or service.--
* * *
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(2) In no case shall an employer, administrator,
supervisor or other person responsible for employment
decisions or involved in the selection of volunteers hire or
approve an applicant if the applicant's criminal history
record information indicates the applicant has been convicted
of one or more of the following offenses under Title 18
(relating to crimes and offenses) or an equivalent crime
under Federal law or the law of another state:
Chapter 25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 2709.1 (relating to stalking).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
[Section 3123 (relating to involuntary deviate sexual
intercourse).]
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 4303 (relating to concealing death of child).
Section 4304 (relating to endangering welfare of
children).
Section 4305 (relating to dealing in infant children).
A felony offense under section 5902(b) (relating to
prostitution and related offenses).
Section 5903(c) or (d) (relating to obscene and other
sexual materials and performances).
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Section 6301 (relating to corruption of minors).
Section 6312 (relating to sexual abuse of children).
The attempt, solicitation or conspiracy to commit any of the
offenses set forth in this paragraph.
* * *
§ 6711. Penalties.
* * *
(b) Access by fraud or misrepresentation.--
* * *
(2) A first offense under paragraph (1) shall be graded
as a felony of the third degree if it is committed by any
person who has previously been convicted of a crime of
violence involving the program participant under paragraph
(1) or the program participant's family or household member
as defined in section 6102 (relating to definitions),
including:
18 Pa.C.S. § 2701 (relating to simple assault);
18 Pa.C.S. § 2702 (relating to aggravated assault);
18 Pa.C.S. § 2705 (relating to recklessly endangering
another person);
18 Pa.C.S. § 2709 (relating to harassment);
18 Pa.C.S. § 2709.1 (relating to stalking);
18 Pa.C.S. § 2718 (relating to strangulation);
18 Pa.C.S. § 2901 (relating to kidnapping);
18 Pa.C.S. § 3121 (relating to rape);
[18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse);]
18 Pa.C.S. § 4954 (relating to protective orders); or
23 Pa.C.S. § 6108 (relating to relief).
* * *
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Section 18. Sections 5533(b)(2)(ii), 5551(7), 5552(b.1),
5913(4) and 5986(a) of Title 42 are amended to read:
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
* * *
(2) * * *
(ii) For the purposes of this paragraph, the term
"sexual abuse" shall include, but not be limited to, the
following sexual activities between an individual who is
23 years of age or younger 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 or anus of another; and
[(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.
* * *
§ 5551. No limitation applicable.
A prosecution for the following offenses may be commenced at
any time:
* * *
(7) An offense under any of the following provisions of
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18 Pa.C.S. (relating to crimes and offenses), or a conspiracy
or solicitation to commit an offense under any of the
following provisions of 18 Pa.C.S. if the offense results
from the conspiracy or solicitation, if the victim was under
18 years of age at the time of the offense:
Section 3011(b) (relating to trafficking in
individuals).
Section 3012 (relating to involuntary servitude) as
it relates to sexual servitude.
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual
assault).
[Section 3123 (relating to involuntary deviate sexual
intercourse).]
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual
assault).
Section 3125 (relating to aggravated indecent
assault).
Section 4302 (relating to incest).
§ 5552. Other offenses.
* * *
(b.1) Major sexual offenses.--Except as provided in section
5551(7) (relating to no limitation applicable), a prosecution
for any of the following offenses under Title 18 must be
commenced within 12 years after it is committed:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
[Section 3123 (relating to involuntary deviate sexual
intercourse).]
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Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual
assault).
Section 3125 (relating to aggravated indecent assault).
Section 4302 (relating to incest).
Section 6312 (relating to sexual abuse of children).
* * *
§ 5913. Spouses as witnesses against each other.
Except as otherwise provided in this subchapter, in a
criminal proceeding a person shall have the privilege, which he
or she may waive, not to testify against his or her then lawful
spouse except that there shall be no such privilege:
* * *
(4) in any criminal proceeding in which one of the
charges pending against the defendant includes murder[,
involuntary deviate sexual intercourse] or rape.
§ 5986. Hearsay.
(a) General rule.--A statement made by a child describing
acts and attempted acts of indecent contact[,] or sexual
intercourse [or deviate sexual intercourse] performed with or on
the child by another, not otherwise admissible by statute or
court ruling, is admissible in evidence in a dependency
proceeding initiated under Chapter 63 (relating to juvenile
matters), involving that child or other members of that child's
family, if:
(1) the court finds, in an in camera hearing, that the
evidence is relevant and that the time, content and
circumstances of the statement provide sufficient indicia of
reliability; and
(2) the child either:
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(i) testifies at the proceeding; or
(ii) is found by the court to be unavailable as a
witness.
* * *
Section 19. The definitions of "aggravated circumstances"
and "delinquent act" in section 6302 of Title 42 are amended to
read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Aggravated circumstances." Any of the following
circumstances:
(1) The child is in the custody of a county agency and
either:
(i) the identity or whereabouts of the parents is
unknown and cannot be ascertained and the parent does not
claim the child within three months of the date the child
was taken into custody; or
(ii) the identity or whereabouts of the parents is
known and the parents have failed to maintain substantial
and continuing contact with the child for a period of six
months.
(2) The child or another child of the parent has been
the victim of physical abuse resulting in serious bodily
injury, sexual violence or aggravated physical neglect by the
parent.
(3) The parent of the child has been convicted of any of
the following offenses where the victim was a child:
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(i) criminal homicide under 18 Pa.C.S. Ch. 25
(relating to criminal homicide);
(ii) a felony under 18 Pa.C.S. § 2702 (relating to
aggravated assault), 3121 (relating to rape), 3122.1
(relating to statutory sexual assault), [3123 (relating
to involuntary deviate sexual intercourse),] 3124.1
(relating to sexual assault) or 3125 (relating to
aggravated indecent assault).
(iii) A misdemeanor under 18 Pa.C.S. § 3126
(relating to indecent assault).
(iv) An equivalent crime in another jurisdiction.
(4) The attempt, solicitation or conspiracy to commit
any of the offenses set forth in paragraph (3).
(5) The parental rights of the parent have been
involuntarily terminated with respect to a child of the
parent.
(6) The parent of the child is required to register as a
sexual offender under Subchapter H of Chapter 97 (relating to
registration of sexual offenders) or to register with a
sexual offender registry in another jurisdiction or foreign
country.
* * *
"Delinquent act."
(1) The term means an act designated a crime under the
law of this Commonwealth, or of another state if the act
occurred in that state, or under Federal law, or an act which
constitutes indirect criminal contempt under Chapter 62A
(relating to protection of victims of sexual violence or
intimidation) with respect to sexual violence or 23 Pa.C.S.
Ch. 61 (relating to protection from abuse) or the failure of
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a child to comply with a lawful sentence imposed for a
summary offense, in which event notice of the fact shall be
certified to the court.
(2) The term shall not include:
(i) The crime of murder.
(ii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and a deadly weapon as defined in 18
Pa.C.S. § 2301 (relating to definitions) was used during
the commission of the offense which, if committed by an
adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121
(relating to rape).
[(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse).]
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(E) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(F) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(G) Kidnapping as defined in 18 Pa.C.S. § 2901
(relating to kidnapping).
(H) Voluntary manslaughter.
(I) An attempt, conspiracy or solicitation to
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commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
(relating to criminal solicitation) and 903 (relating
to criminal conspiracy).
(iii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and has been previously adjudicated
delinquent of any of the following prohibited conduct
which, if committed by an adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121.
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123.
(C) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
(D) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
(G) Voluntary manslaughter.
(H) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901, 902 and 903.
(iv) Summary offenses.
(v) A crime committed by a child who has been found
guilty in a criminal proceeding for other than a summary
offense.
* * *
Section 20. Section 6307(b)(1.1), 6308(b)(1.1), 6336(e)(2),
6355(g) and 6358(a) of Title 42 are amended to read:
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§ 6307. Inspection of court files and records.
* * *
(b) Public availability.--
(1.1) The contents of court records and files concerning
a child shall not be disclosed to the public unless any of
the following apply:
(i) The child has been adjudicated delinquent by a
court as a result of an act or acts committed when the
child was 14 years of age or older and the conduct would
have constituted one or more of the following offenses if
committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Sexual Assault as defined in 18 Pa.C.S. §
3124.1 (relating to sexual assault).
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1)
(relating to arson and related offenses).
(G) Burglary as a felony in the first degree as
defined in 18 Pa.C.S. § 3502(c)(1) (relating to
burglary).
[(H) Involuntary deviate sexual intercourse.]
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
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(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61 (relating to
firearms and other dangerous articles).
(N) Attempt or conspiracy to commit any of the
offenses in this subparagraph.
(ii) A petition alleging delinquency has been filed
alleging that the child has committed an act or acts
subject to a hearing pursuant to section 6336(e)
(relating to conduct of hearings) and the child
previously has been adjudicated delinquent by a court as
a result of an act or acts committed when the child was
14 years of age or older and the conduct would have
constituted one or more of the following offenses if
committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2).
(D) Sexual Assault as defined in 18 Pa.C.S. §
3124.1.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1).
(G) Burglary as a felony in the first degree as
defined in 18 Pa.C.S. § 3502(c)(1).
[(H) Involuntary deviate sexual intercourse.]
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
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(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61.
(N) Attempt or conspiracy to commit any of the
offenses in this subparagraph.
* * *
§ 6308. Law enforcement records.
* * *
(b) Public availability.--
(1.1) The contents of law enforcement records and files
concerning a child shall not be disclosed to the public
unless any of the following apply:
(i) The child has been adjudicated delinquent by a
court as a result of an act or acts committed when the
child was 14 years of age or older and the conduct would
have constituted one or more of the following offenses if
committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Sexual Assault as defined in 18 Pa.C.S. §
3124.1 (relating to sexual assault).
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1)
(relating to arson and related offenses).
(G) Burglary as a felony in the first degree as
defined in 18 Pa.C.S. § 3502(c)(1) (relating to
burglary).
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[(H) Involuntary deviate sexual intercourse.]
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61 (relating to
firearms and other dangerous articles).
(N) Attempt or conspiracy to commit any of the
offenses in this subparagraph.
(ii) A petition alleging delinquency has been filed
alleging that the child has committed an act or acts
subject to a hearing pursuant to section 6336(e)
(relating to conduct of hearings) and the child
previously has been adjudicated delinquent by a court as
a result of an act or acts committed when the child was
14 years of age or older and the conduct would have
constituted one or more of the following offenses if
committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2).
(D) Sexual Assault as defined in 18 Pa.C.S. §
3124.1.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1).
(G) Burglary as a felony in the first degree as
defined in 18 Pa.C.S. § 3502(c)(1).
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[(H) Involuntary deviate sexual intercourse.]
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61.
(N) Attempt or conspiracy to commit any of the
offenses in this subparagraph.
* * *
§ 6336. Conduct of hearings.
* * *
(e) Open proceedings.--The general public shall not be
excluded from any hearings under this chapter:
* * *
(2) Pursuant to a petition alleging delinquency where
the child was 12 years of age or older at the time of the
alleged conduct and where the alleged conduct would have
constituted one or more of the following offenses if
committed by an adult:
(i) Murder.
(ii) Voluntary manslaughter.
(iii) Aggravated assault as defined in 18 Pa.C.S. §
2702(a)(1) or (2) (relating to aggravated assault).
(iv) Arson as defined in 18 Pa.C.S. § 3301(a)(1)
(relating to arson and related offenses).
[(v) Involuntary deviate sexual intercourse.]
(vi) Kidnapping.
(vii) Rape.
(viii) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)
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(i), (ii) or (iii) (relating to robbery).
(ix) Robbery of motor vehicle.
(x) Attempt or conspiracy to commit any of the
offenses in this paragraph.
Notwithstanding anything in this subsection, the proceedings
shall be closed upon and to the extent of any agreement between
the child and the attorney for the Commonwealth.
* * *
§ 6355. Transfer to criminal proceedings.
* * *
(g) Burden of proof.--The burden of establishing by a
preponderance of evidence that the public interest is served by
the transfer of the case to criminal court and that a child is
not amenable to treatment, supervision or rehabilitation as a
juvenile shall rest with the Commonwealth unless the following
apply:
(1) (i) a deadly weapon as defined in 18 Pa.C.S. § 2301
(relating to definitions) was used and the child was 14
years of age at the time of the offense; or
(ii) the child was 15 years of age or older at the
time of the offense and was previously adjudicated
delinquent of a crime that would be considered a felony
if committed by an adult; and
(2) there is a prima facie case that the child committed
a delinquent act which, if committed by an adult, would be
classified as rape, [involuntary deviate sexual intercourse,]
aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or
(2) (relating to aggravated assault), robbery as defined in
18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
robbery), robbery of motor vehicle, aggravated indecent
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assault, kidnapping, voluntary manslaughter, an attempt,
conspiracy or solicitation to commit any of these crimes or
an attempt to commit murder as specified in paragraph (2)(ii)
of the definition of "delinquent act" in section 6302.
If either of the preceding criteria are met, the burden of
establishing by a preponderance of the evidence that retaining
the case under this chapter serves the public interest and that
the child is amenable to treatment, supervision or
rehabilitation as a juvenile shall rest with the child.
§ 6358. Assessment of delinquent children by the State Sexual
Offenders Assessment Board.
(a) General rule.--A child who has been found to be
delinquent for an act of sexual violence which if committed by
an adult would be a violation of 18 Pa.C.S. § 3121 (relating to
rape), [3123 (relating to involuntary deviate sexual
intercourse),] 3124.1 (relating to sexual assault), 3125
(relating to aggravated indecent assault), 3126 (relating to
indecent assault) or 4302 (relating to incest) who is committed
to an institution or other facility pursuant to section 6352
(relating to disposition of delinquent child) and who remains in
any such institution or facility as a result of that
adjudication of delinquency upon attaining 20 years of age shall
be subject to an assessment by the board.
* * *
Section 21. The definitions of "act of sexual violence" and
"sexually violent delinquent child" in section 6402 of Title 42
are amended to read:
§ 6402. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Act of sexual violence." Any conduct prohibited under the
following provisions of law:
(1) 18 Pa.C.S. § 3121 (relating to rape).
[(2) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).]
(3) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(4) 18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(5) 18 Pa.C.S. § 3126 (relating to indecent assault).
(6) 18 Pa.C.S. § 4302 (relating to incest).
* * *
"Sexually violent delinquent child." A person who has been
found delinquent for an act of sexual violence which if
committed by an adult would be a violation of 18 Pa.C.S. § 3121
(relating to rape), [3123 (relating to involuntary deviate
sexual intercourse),] 3124.1 (relating to sexual assault), 3125
(relating to aggravated indecent assault), 3126 (relating to
indecent assault) or 4302 (relating to incest) and who has been
determined to be in need of commitment for involuntary treatment
under this chapter.
Section 22. Sections 6403(a)(1), 9714(g), 9717(a), 9718(a)
(1), 9719(a) and 9720.2 of Title 42 are amended to read:
§ 6403. Court-ordered involuntary treatment.
(a) Persons subject to involuntary treatment.--A person may
be subject to court-ordered commitment for involuntary treatment
under this chapter if the person:
(1) Has been adjudicated delinquent for an act of sexual
violence which if committed by an adult would be a violation
of 18 Pa.C.S. § 3121 (relating to rape), [3123 (relating to
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involuntary deviate sexual intercourse),] 3124.1 (relating to
sexual assault), 3125 (relating to aggravated indecent
assault), 3126 (relating to indecent assault) or 4302
(relating to incest).
* * *
§ 9714. Sentences for second and subsequent offenses.
* * *
(g) Definition.--As used in this section, the term "crime of
violence" means murder of the third degree, voluntary
manslaughter, manslaughter of a law enforcement officer as
defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
homicide of law enforcement officer), murder of the third degree
involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
(relating to murder of unborn child), aggravated assault of an
unborn child as defined in 18 Pa.C.S. § 2606 (relating to
aggravated assault of unborn child), aggravated assault as
defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
aggravated assault), assault of law enforcement officer as
defined in 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer), use of weapons of mass destruction as
defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass
destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
(relating to terrorism), strangulation when the offense is
graded as a felony as defined in 18 Pa.C.S. § 2718 (relating to
strangulation), trafficking of persons when the offense is
graded as a felony of the first degree as provided in 18 Pa.C.S.
§ 3011 (relating to trafficking in individuals), rape,
[involuntary deviate sexual intercourse,] aggravated indecent
assault, incest, sexual assault, arson endangering persons or
aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1)
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(relating to arson and related offenses), ecoterrorism as
classified in 18 Pa.C.S. § 3311(b)(3) (relating to
ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. §
3502(a)(1) (relating to burglary), robbery as defined in 18
Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or
robbery of a motor vehicle, drug delivery resulting in death as
defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery
resulting in death), or criminal attempt, criminal conspiracy or
criminal solicitation to commit murder or any of the offenses
listed above, or an equivalent crime under the laws of this
Commonwealth in effect at the time of the commission of that
offense or an equivalent crime in another jurisdiction.
§ 9717. Sentences for offenses against elderly persons.
(a) Mandatory sentence.--A person under 60 years of age
convicted of the following offenses when the victim is over 60
years of age and not a police officer shall be sentenced to a
mandatory term of imprisonment as follows:
18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
assault) - not less than two years.
18 Pa.C.S. § 3121 (relating to rape) - not less than five
years.
[18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse) - not less than five years.]
18 Pa.C.S. § 3922 (relating to theft by deception) - not
less than 12 months, but the imposition of the minimum
sentence shall be discretionary with the court where the
court finds justifiable cause and that finding is written in
the opinion.
* * *
§ 9718. Sentences for offenses against infant persons.
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(a) Mandatory sentence.--
(1) A person convicted of the following offenses when
the victim is less than 16 years of age shall be sentenced to
a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
assault) - not less than two years.
18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating
to rape) - not less than ten years.
[18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse) - not less than ten years.]
18 Pa.C.S. § 3125(a)(1) through (6) (relating to
aggravated indecent assault) - not less than five years.
* * *
§ 9719. Sentences for offenses committed while impersonating a
law enforcement officer.
(a) Mandatory sentence.--A person convicted of murder of the
third degree, voluntary manslaughter, rape, [involuntary deviate
sexual intercourse,] aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) (relating to aggravated assault), robbery as
defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating
to robbery) or kidnapping or who is convicted of attempt to
commit any of these crimes shall, if the person was
impersonating a law enforcement officer during the commission of
the offense, be sentenced to a minimum sentence of at least
three years of total confinement notwithstanding any other
provision of this title or other statute to the contrary.
* * *
§ 9720.2. Sentencing for trafficking of persons.
Notwithstanding any other provision of law, a person who
commits a violation of 18 Pa.C.S. § 3011 (relating to
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trafficking in individuals) or 3012 (relating to involuntary
servitude) while violating:
(1) 18 Pa.C.S. § 2901 (relating to kidnapping); or
(2) 18 Pa.C.S. § 3121 (relating to rape); [or]
[(3) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse);]
shall be sentenced up to a maximum term of life imprisonment.
Section 23. The definitions of "juvenile offender" and
"sexually violent predator" in section 9799.12 of Title 42 are
amended to read:
§ 9799.12. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Juvenile offender." One of the following:
(1) An individual who was 14 years of age or older at
the time the individual committed an offense which, if
committed by an adult, would be classified as an offense
under 18 Pa.C.S. § 3121 (relating to rape)[, 3123 (relating
to involuntary deviate sexual intercourse)] or 3125 (relating
to aggravated indecent assault) or an attempt, solicitation
or conspiracy to commit an offense under 18 Pa.C.S. § 3121[,
3123] or 3125 and either:
(i) is adjudicated delinquent for such offense on or
after the effective date of this section; or
(ii) has been adjudicated delinquent for such
offense and on the effective date of this section is
subject to the jurisdiction of the court on the basis of
that adjudication of delinquency, including commitment to
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an institution or facility set forth in section 6352(a)
(3) (relating to disposition of delinquent child).
(2) An individual who, on or after the effective date of
this paragraph, was 14 years of age or older at the time the
individual committed an offense similar to an offense under
18 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation
or conspiracy to commit an offense similar to an offense
under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws of the
United States, another jurisdiction or a foreign country and
was adjudicated delinquent for such an offense; or who was
previously adjudicated delinquent for such an offense and, on
the effective date of this paragraph, is subject to the
jurisdiction of the court on the basis of that adjudication
of delinquency.
(3) An individual who, on or after the effective date of
this paragraph, was required to register in a sexual offender
registry in another jurisdiction or foreign country based
upon an adjudication of delinquency.
The term does not include a sexually violent delinquent
child.
* * *
"Sexually violent predator." An individual who committed a
sexually violent offense on or after December 20, 2012, for
which the individual was convicted, specified in:
(1) section 9799.14(b)(1), (2), (3), (4), (5), (6), (8),
(9) or (10) (relating to sexual offenses and tier system) or
an attempt, conspiracy or solicitation to commit any offense
under section 9799.14(b)(1), (2), (3), (4), (5), (6), (8),
(9) or (10);
(2) section 9799.14(c)(1), (1.1), (1.2), (1.3), (2),
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(3), (4), (5) or (6) or an attempt, conspiracy or
solicitation to commit an offense under section 9799.14(c)
(1), (1.1), (1.2), (1.3), (2), (3), (4), (5) or (6); or
(3) section 9799.14(d)(1), (2), (3), [(4),] (5), (6),
(7), (8) or (9) or an attempt, conspiracy or solicitation to
commit an offense under section 9799.14(d)(1), (2), (3),
[(4),] (5), (6), (7), (8) or (9)
who is determined to be a sexually violent predator under
section 9799.24 (relating to assessments) due to a mental
abnormality or personality disorder that makes the individual
likely to engage in predatory sexually violent offenses. The
term includes an individual determined to be a sexually violent
predator or similar designation where the determination occurred
in another jurisdiction, a foreign country or by court martial
following a judicial or administrative determination pursuant to
a process similar to that under section 9799.24 where the
determination or designation is based on the commitment of a
sexually violent offense on or after December 20, 2012, for
which the individual was convicted.
* * *
Section 24. Sections 9799.14(d)(4), 9799.17(a)(1),
9799.24(h), 9799.55(b)(2)(i) and 9799.58(h) of Title 42 are
amended to read:
§ 9799.14. Sexual offenses and tier system.
* * *
(d) Tier III sexual offenses.--The following offenses shall
be classified as Tier III sexual offenses:
* * *
[(4) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).]
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* * *
§ 9799.17. Termination of period of registration for juvenile
offenders.
(a) Juvenile offender.--An individual who is a juvenile
offender, with the exception of a juvenile offender whose period
of registration is determined by section 9799.15(a)(4.1)
(relating to period of registration), shall have the requirement
to register terminated if all of the following apply:
(1) At least 25 years have elapsed since the individual
was:
(i) adjudicated delinquent for an offense which, if
committed by an adult, would be classified as an offense
under 18 Pa.C.S. § 3121 (relating to rape)[, 3123
(relating to involuntary deviate sexual intercourse)] or
3125 (relating to aggravated indecent assault) or an
attempt, solicitation or conspiracy to commit an offense
under 18 Pa.C.S. § 3121[, 3123] or 3125, excluding time
spent under the supervision of the court, including
commitment to an institution or facility set forth in
section 6352(a)(3) (relating to deposition of delinquent
child); or
(ii) adjudicated delinquent for an offense in
another jurisdiction or foreign country which is similar
to that which if committed by an adult in this
Commonwealth would be classified as an offense under 18
Pa.C.S. § 3121[, 3123] or 3125 or an attempt,
solicitation or conspiracy to commit an offense under 18
Pa.C.S. § 3121[, 3123] or 3125.
* * *
§ 9799.24. Assessments.
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* * *
(h) Delinquent children.--The probation officer shall notify
the board 90 days prior to the 20th birthday of the child of the
status of the delinquent child who is committed to an
institution or other facility pursuant to section 6352 (relating
to disposition of delinquent child) after having been found
delinquent for an act of sexual violence that if committed by an
adult would be a violation of 18 Pa.C.S. § 3121 (relating to
rape), [3123 (relating to involuntary deviate sexual
intercourse),] 3124.1 (relating to sexual assault), 3125
(relating to aggravated indecent assault), 3126 (relating to
indecent assault) or 4302 (relating to incest), together with
the location of the facility where the child is committed. The
board shall conduct an assessment of the child, which shall
include the board's determination of whether or not the child is
in need of commitment due to a mental abnormality as defined in
section 6402 (relating to definitions) or a personality
disorder, either of which results in serious difficulty in
controlling sexually violent behavior, and provide a report to
the court within the time frames set forth in section 6358(c).
The probation officer shall assist the board in obtaining access
to the child and any records or information as requested by the
board in connection with the assessment. The assessment shall be
conducted under subsection (b).
§ 9799.55. Registration.
* * *
(b) Lifetime registration.--The following individuals shall
be subject to lifetime registration:
* * *
(2) Individuals convicted:
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(i) (A) in this Commonwealth of the following
offenses, if committed on or after April 22, 1996,
but before December 20, 2012:
18 Pa.C.S. § 3121 (relating to rape);
[18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse);]
18 Pa.C.S. § 3124.1 (relating to sexual assault);
18 Pa.C.S. § 3125 (relating to aggravated
indecent assault); or
18 Pa.C.S. § 4302 when the victim is under 12
years of age; or
(B) in this Commonwealth of offenses set forth
in clause (A) who were required to register with the
Pennsylvania State Police under a former sexual
offender registration law of this Commonwealth on or
after April 22, 1996, but before December 20, 2012,
whose period of registration has not expired; or
* * *
§ 9799.58. Assessments.
* * *
(h) Delinquent children.--Except where section 6358(b.1) is
applicable, the probation officer shall notify the board 90 days
prior to the 20th birthday of the child of the status of the
delinquent child who is committed to an institution or other
facility under section 6352 (relating to disposition of
delinquent child) after having been found delinquent for an act
of sexual violence which if committed by an adult would be a
violation of 18 Pa.C.S. § 3121 (relating to rape), [3123
(relating to involuntary deviate sexual intercourse),] 3124.1
(relating to sexual assault), 3125 (relating to aggravated
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indecent assault), 3126 (relating to indecent assault) or 4302
(relating to incest), together with the location of the facility
where the child is committed. The board shall conduct an
assessment of the child, which shall include the board's
determination of whether or not the child is in need of
commitment due to a mental abnormality as defined in section
6402 (relating to definitions) or a personality disorder, either
of which results in serious difficulty in controlling sexually
violent behavior, and provide a report to the court within the
time frames under section 6358(c). The probation officer shall
assist the board in obtaining access to the child and records or
information as requested by the board in connection with the
assessment. The assessment shall be conducted under subsection
(b).
* * *
Section 25. Section 702(c)(2) of Title 54 is amended to
read:
§ 702. Change by order of court.
* * *
(c) Convicted felons.--
* * *
(2) The court may not order a change of name for a
person convicted of murder, voluntary manslaughter, rape,
[involuntary deviate sexual intercourse,] statutory sexual
assault, sexual assault, aggravated indecent assault, robbery
as defined in 18 Pa.C.S. § 3701(a)(1)(i) (relating to
robbery), aggravated assault as defined in 18 Pa.C.S. §
2702(a)(1) or (2) (relating to aggravated assault), arson as
defined in 18 Pa.C.S. § 3301(a) (relating to arson and
related offenses), kidnapping or robbery of a motor vehicle
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or criminal attempt, criminal conspiracy or criminal
solicitation to commit any of the offenses listed above or an
equivalent crime under the laws of this Commonwealth in
effect at the time of the commission of that offense or an
equivalent crime in another jurisdiction.
* * *
Section 26. Section 6139(a)(3.3)(i) of Title 61 is amended
to read:
§ 6139. Parole procedure.
(a) Specific requirements.--
* * *
(3.3) The following apply:
(i) Notwithstanding the provisions of paragraphs (2)
and (3), if a parole decision has been issued by the
board within three years of the date of the current
application, the board shall not be required to consider
nor dispose of an application by an offender or an
offender's attorney in the case of an offender sentenced
under any of the following provisions of 18 Pa.C.S.
(relating to crimes and offenses):
Section 2502(c) (relating to murder).
Section 2503 (relating to voluntary
manslaughter).
Section 2901(a.1) (relating to kidnapping).
Section 3011(b) (relating to trafficking in
individuals).
Section 3012 (relating to involuntary servitude).
Section 3121 (relating to rape).
Section 3122.1(b) (relating to statutory sexual
assault).
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[Section 3123 (relating to involuntary deviate
sexual intercourse).]
Section 3124.1 (relating to sexual assault).
Section 3124.2(a.1) (relating to institutional
sexual assault).
Section 3125 (relating to aggravated indecent
assault).
Section 3126(a)(7) (relating to indecent
assault).
Section 4302(b) (relating to incest).
* * *
Section 27. The definitions of "sexual offense" and "violent
offense" in section 7122(e) of Title 61 are amended to read:
§ 7122. Supervision of persons paroled by other states.
* * *
(e) Definitions.--As used in this section, the following
words and phrases shall have the meaning given to them in this
subsection unless the context clearly indicates otherwise:
* * *
"Sexual offense."
(1) Any of the following offenses or an equivalent
offense that is classified as a felony and involves a victim
who is a minor:
18 Pa.C.S. § 2901 (relating to kidnapping).
18 Pa.C.S. § 5902(a) (relating to prostitution and
related offenses).
18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
obscene and other sexual materials and performances).
(2) Any of the following offenses or an equivalent
offense that is classified as a felony and involves a victim
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who is younger than 13 years of age:
18 Pa.C.S. § 3126 (relating to indecent assault).
(3) Any of the following offenses or an equivalent
offense, regardless of the victim's age:
18 Pa.C.S. § 3121 (relating to rape).
[18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).]
18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
"Violent offense."
(1) Any of the following offenses or an equivalent
offense:
18 Pa.C.S. § 2502 (relating to murder).
18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
18 Pa.C.S. § 2702 (relating to aggravated assault).
18 Pa.C.S. § 2703 (relating to assault by prisoner).
18 Pa.C.S. § 2704 (relating to assault by life
prisoner).
18 Pa.C.S. § 2901 (relating to kidnapping) where the
victim is a minor.
18 Pa.C.S. § 3121 (relating to rape).
[18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).]
18 Pa.C.S. § 3301 (relating to arson and related
offenses).
18 Pa.C.S. § 3502 (relating to burglary).
18 Pa.C.S. § 3701 (relating to robbery).
18 Pa.C.S. § 3923 (relating to theft by extortion)
where a threat of violence is made.
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(2) A criminal attempt, criminal solicitation or
criminal conspiracy to commit any offenses set forth in this
definition.
Section 28. This act shall take effect in 60 days.
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