PRINTER'S NO. 3669
No. 2527 Session of 1984
INTRODUCED BY WILLIAMS, TRUMAN, OLIVER, McMONAGLE, KOSINSKI,
DEAL, RICHARDSON, BARBER AND RYBAK, OCTOBER 3, 1984
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 3, 1984
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for mandatory sentencing for
3 statutory rape; adding the offense of child molestation; and
4 providing for mandatory sentencing for the offense.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3122 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 3122. Statutory rape.
10 (a) Offense defined.--A person who is 18 years of age or
11 older commits statutory rape, a felony of the second degree,
12 when he engages in sexual intercourse with another person not
13 his spouse who is less than 14 years of age. A person who is
14 convicted of a violation of this section shall be sentenced to a
15 mandatory minimum term of not less than ten years of
16 imprisonment.
17 (b) Authority of court in sentencing.--There shall be no
18 authority in any court to impose on an offender any lesser
1 sentence than the minimum sentence mandated by subsection (a) or
2 to place the offender on probation or to suspend sentence.
3 Sentencing guidelines promulgated by the Pennsylvania Commission
4 on Sentencing shall not supersede the mandatory minimum sentence
5 provided in this section. Parole shall not be granted until the
6 minimum term of imprisonment has been served.
7 (c) Appeal by Commonwealth.--If a sentencing court refuses
8 to impose the mandatory minimum sentence as required by
9 subsection (a), the Commonwealth shall have the duty to seek
10 appellate review of the action of the sentencing court. The
11 appellate court shall vacate the sentence and remand the case to
12 the sentencing court for imposition of a sentence in accordance
13 with this section if it finds that the sentence was imposed in
14 violation of this section.
15 Section 2. Title 18 is amended by adding a section to read:
16 § 3128. Child molestation.
17 (a) Offense defined.--A person 18 years of age or older who
18 has indecent contact with another person under 14 years of age
19 who is not his spouse or causes such other person to have
20 indecent contact with him commits child molestation, a felony of
21 the second degree. A person who is convicted of a violation of
22 this section shall be sentenced to not less than ten years
23 imprisonment.
24 (b) Authority of court in sentencing.--There shall be no
25 authority in any court to impose on an offender to which this
26 section is applicable any lesser sentence than provided for in
27 subsection (a) or to place the offender on probation or to
28 suspend sentence. Sentencing guidelines promulgated by the
29 Pennsylvania Commission on Sentencing shall not supersede the
30 mandatory sentences provided in this section. Parole shall not
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1 be granted until the minimum term of imprisonment has been
2 served.
3 (c) Appeal by Commonwealth.--If a sentencing court refuses
4 to impose the mandatory minimum sentence as required by
5 subsection (a), the Commonwealth shall have the duty to seek
6 appellate review of the action of the sentencing court. The
7 appellate court shall vacate the sentence and remand the case to
8 the sentencing court for imposition of a sentence in accordance
9 with this section if it finds that the sentence was imposed in
10 violation of this section.
11 Section 3. This act shall take effect in 60 days.
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