Act of Dec. 21, 1998, P.L. 1240, No. 157             Cl. 18
                             Session of 1998
                               No. 1998-157

     HB 689

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, providing for institutional sexual
        assault and for obstructing emergency services; further
        prohibiting live animals as prizes; and prohibiting the
        criminal use of communication facilities.

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

        Section 1.  Title 18 of the Pennsylvania Consolidated
     Statutes is amended by adding sections to read:
      § 3124.2.  Institutional sexual assault.
        (a)  General rule.--A person who is an employee or agent of
     the Department of Corrections or county correctional authority
     commits a misdemeanor of the first degree if the person engages
     in sexual intercourse, deviate sexual intercourse or indecent
     contact with an inmate.
        (b)  Definition.--As used in this section, the term "agent"
     means a person who is assigned to work in a State or county
     correctional facility who is employed by any State agency or any
     person employed by an entity providing contract services to the
     Department of Corrections or county correctional authority.
      § 5112.  Obstructing emergency services.
        (a)  Offense defined.--A person commits a misdemeanor of the
     third degree if he knowingly impedes, obstructs or interferes
     with emergency services personnel providing emergency medical
     services to an injured victim or performing rescue or
     firefighting activities.
        (b)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
        "Emergency medical services."  The services utilized in
     responding to the needs of an individual for immediate medical
     care in order to prevent loss of life or the aggravation of
     physiological or psychological illness or injury.
        "Emergency services personnel."  A person, including a
     trained volunteer or a member of the armed forces of the United
     States or the National Guard, whose official or assigned
     responsibilities include performing or directly supporting the
     performance of emergency medical or rescue services or
        "Rescue."  The act of extricating persons from entrapment or
     dangerous situations which pose the imminent threat of death or
     serious bodily injury.
        Section 2.  Section 5511.1(a) and (b) of Title 18 are amended
     to read:
      § 5511.1.  Live animals as prizes prohibited.
        (a)  General rule.--No person shall give or offer to give
     away any live animal, except fish, as a prize in any drawing,
     lottery, contest, sweepstakes or other game. No person operating
     any drawing, lottery, contest, sweepstake or other game shall
     sell or offer to sell any live animal, except fish, in
     conjunction with the operation of a drawing, lottery, contest,
     sweepstakes or other game.
        (b)  Exception.--
            (1)  This section shall not apply to any domestic animal
        given away or sold in connection with any agricultural,
        educational or vocational program sponsored or sanctioned by
        the Department of Agriculture.
            (2)  The Department of Agriculture shall promulgate the
        rules and regulations necessary to provide the conditions and
        requirements of live animal offerings under this subsection.
        * * *
        Section 3.  Title 18 is amended by adding a section to read:
      § 7512.  Criminal use of communication facility.
        (a)  Offense defined.--A person commits a felony of the third
     degree if that person uses a communication facility to commit,
     cause or facilitate the commission or the attempt thereof of any
     crime which constitutes a felony under this title or under the
     act of April 14, 1972 (P.L.233, No.64), known as The Controlled
     Substance, Drug, Device and Cosmetic Act. Every instance where
     the communication facility is utilized constitutes a separate
     offense under this section.
        (b)  Penalty.--A person who violates this section shall, upon
     conviction, be sentenced to pay a fine of not more than $15,000
     or to imprisonment for not more than seven years, or both.
        (c)  Definition.--As used in this section, the term
     "communication facility" means a public or private
     instrumentality used or useful in the transmission of signs,
     signals, writing, images, sounds, data or intelligence of any
     nature transmitted in whole or in part, including, but not
     limited to, telephone, wire, radio, electromagnetic,
     photoelectronic or photo-optical systems or the mail.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 21st day of December, A. D. 1998.