PRINTER'S NO. 3077
No. 2237 Session of 2001
INTRODUCED BY MARSICO, ADOLPH, ARGALL, M. BAKER, BARD, BARRAR,
BASTIAN, BELARDI, BENNINGHOFF, BIRMELIN, BROWNE, BUNT,
BUXTON, CAPPELLI, CLARK, CLYMER, L. I. COHEN, COLEMAN,
CORNELL, CORRIGAN, COSTA, CREIGHTON, DAILEY, DALLY, DeLUCA,
DiGIROLAMO, EGOLF, J. EVANS, FAIRCHILD, FEESE, FICHTER,
FLEAGLE, FLICK, FORCIER, FRANKEL, GABIG, GANNON, GEIST,
GORDNER, GRUCELA, HABAY, HARPER, HASAY, HERMAN, HERSHEY,
HESS, HORSEY, HUTCHINSON, KAISER, KELLER, LEH, LEWIS,
MACKERETH, MAHER, MAYERNIK, McCALL, McGEEHAN, McGILL,
McILHINNEY, MELIO, R. MILLER, S. MILLER, NAILOR, PALLONE,
PHILLIPS, PICKETT, PIPPY, RAYMOND, REINARD, ROHRER, ROONEY,
RUBLEY, SANTONI, SATHER, SAYLOR, SCHULER, SEMMEL, SHANER,
B. SMITH, S. H. SMITH, SOLOBAY, STABACK, STEELMAN, STEIL,
STERN, T. STEVENSON, STRITTMATTER, STURLA, TANGRETTI,
E. Z. TAYLOR, J. TAYLOR, THOMAS, TIGUE, TRICH, TURZAI,
WATSON, WILT, WOJNAROSKI, G. WRIGHT, YOUNGBLOOD, ZUG AND
HARHAI, DECEMBER 12, 2001
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 12, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offenses of
3 rape, involuntary deviate sexual intercourse and aggravated
4 indecent assault.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3121(b) of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 3121. Rape.
10 * * *
11 (b) Additional penalties.--In addition to the penalty
1 provided for by subsection (a)[, a]:
2 (1) A person may be sentenced to an additional term not
3 to exceed ten years' confinement and an additional amount not
4 to exceed $100,000 where the person engages in sexual
5 intercourse with a complainant and has substantially impaired
6 the complainant's power to appraise or control his or her
7 conduct by administering or employing, without the knowledge
8 of the complainant, any substance for the purpose of
9 preventing resistance through the inducement of euphoria,
10 memory loss and any other effect of this substance.
11 (2) A person may be sentenced to an additional term not
12 to exceed 20 years' confinement where the complainant suffers
13 serious bodily injury as a result of the sexual intercourse.
14 The sentence shall not be construed to merge with a sentence
15 for aggravated assault under section 2702 (relating to
16 aggravated assault) arising from the conduct giving rise to
17 the conviction under this section.
18 (3) A person may be sentenced to an additional term not
19 to exceed 20 years' confinement where the conviction is
20 pursuant to subsection (a)(1), (2), (3), (4) or (5) and the
21 complainant is less than 13 years of age.
22 Section 2. Section 3123 of Title 18 is amended by adding a
23 subsection to read:
24 § 3123. Involuntary deviate sexual intercourse.
25 * * *
26 (a.1) Additional penalties.--In addition to the penalty
27 provided for by subsection (a):
28 (1) A person may be sentenced to an additional term not
29 to exceed 20 years' confinement where the complainant suffers
30 serious bodily injury as a result of the deviate sexual
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1 intercourse. The sentence shall not be construed to merge
2 with a sentence for aggravated assault under section 2702
3 (relating to aggravated assault) arising from the conduct
4 giving rise to the conviction under this section.
5 (2) A person may be sentenced to an additional term not
6 to exceed 20 years' confinement where the conviction is
7 pursuant to subsection (a)(1), (2), (3), (4) or (5) and the
8 complainant is less than 13 years of age.
9 * * *
10 Section 3. Section 3125 of Title 18 is amended to read:
11 § 3125. Aggravated indecent assault.
12 (a) Offenses defined.--Except as provided in sections 3121
13 (relating to rape), 3122.1 (relating to statutory sexual
14 assault), 3123 (relating to involuntary deviate sexual
15 intercourse) and 3124.1 (relating to sexual assault), a person
16 who engages in penetration, however slight, of the genitals or
17 anus of a complainant with a part of the person's body for any
18 purpose other than good faith medical, hygienic or law
19 enforcement procedures commits aggravated indecent assault, [a
20 felony of the second degree,] if:
21 (1) the person does so without the complainant's
22 consent;
23 (2) the person does so by forcible compulsion;
24 (3) the person does so by threat of forcible compulsion
25 that would prevent resistance by a person of reasonable
26 resolution;
27 (4) the complainant is unconscious or the person knows
28 that the complainant is unaware that the penetration is
29 occurring;
30 (5) the person has substantially impaired the
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1 complainant's power to appraise or control his or her conduct
2 by administering or employing, without the knowledge of the
3 complainant, drugs, intoxicants or other means for the
4 purpose of preventing resistance;
5 (6) the complainant suffers from a mental disability
6 which renders him or her incapable of consent;
7 (7) the complainant is less than 13 years of age; or
8 (8) the complainant is less than 16 years of age and the
9 person is four or more years older than the complainant and
10 the complainant and the person are not married to each other.
11 (b) Grading.--
12 (1) Except as otherwise provided for in paragraphs (2)
13 and (3), an offense under this section is a felony of the
14 second degree.
15 (2) An offense under this section is a felony of the
16 first degree where the conduct results in serious bodily
17 injury to the complainant. The sentence shall not be
18 construed to merge with a sentence for aggravated assault
19 under section 2702 (relating to aggravated assault) arising
20 from the conduct giving rise to the conviction under this
21 section.
22 (3) An offense under subsection (a)(1), (2), (3), (4),
23 (5) or (6) is a felony of the first degree where the
24 complainant is less than 13 years of age.
25 Section 4. This act shall take effect in 60 days.
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