"PRIVATE CARE RESIDENCE." A PRIVATE RESIDENCE, INCLUDING A
DOMICILIARY CARE HOME:
(1) 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; AND
(2) (I) THAT IS NOT 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) THAT IS NOT IDENTIFIED IN PARAGRAPH (1) OF THE
DEFINITION OF "CARETAKER."
SECTION 2. SECTION 3124.2(A.5) OF TITLE 18 IS AMENDED AND
THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
ยง 3124.2. Institutional sexual assault.
* * *
(A.5) CONSENT NOT A DEFENSE.--CONSENT IS NOT A DEFENSE TO A
VIOLATION OF SUBSECTION (A), (A.1), (A.2), (A.3) [OR], (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
20210HB0975PN3363 - 3 -
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