PRINTER'S NO. 171
No. 160 Session of 1993
INTRODUCED BY RITTER, DeWEESE, E. Z. TAYLOR, HERMAN, DEMPSEY,
TRELLO, COY, STEELMAN, PESCI, ROONEY, LAUGHLIN, LaGROTTA,
DALEY, KELLER, CAPPABIANCA, GORDNER, ULIANA, BEBKO-JONES,
STABACK, CURRY, KIRKLAND, BISHOP, SAYLOR, BUTKOVITZ, PRESTON,
HANNA, JOSEPHS AND TRICH, FEBRUARY 1, 1993
REFERRED TO COMMITTEE ON RULES, FEBRUARY 1, 1993
AN ACT
1 Amending Titles 18 (Crimes and Offenses), 23 (Domestic
2 Relations) and 42 (Judiciary and Judicial Procedure) of the
3 Pennsylvania Consolidated Statutes, further providing for
4 sexual offenses and the consequences of committing sexual
5 offenses; providing for the testimony of children; and
6 imposing penalties.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 3101 and 3102 of Title 18 of the
10 Pennsylvania Consolidated Statutes are amended to read:
11 § 3101. Definitions.
12 Subject to additional definitions contained in subsequent
13 provisions of this chapter which are applicable to specific
14 provisions of this chapter, the following words and phrases when
15 used in this chapter shall have, unless the context clearly
16 indicates otherwise, the meanings given to them in this section:
17 "Aggravating circumstances." The following constitute
18 aggravating circumstances as that term is used in this
1 subchapter:
2 (1) The defendant is armed with a weapon, or any object
3 fashioned in such a manner as to lead the victim to
4 reasonably believe it to be a weapon, and threatens by word
5 or gesture to use the weapon or object.
6 (2) The defendant inflicts suffocation, strangulation or
7 serious bodily injury upon the victim or anyone else in the
8 course of committing the offense.
9 (3) The defendant and one or more other persons engage
10 in a sexual act with the victim without consent.
11 (4) The act is committed during the commission or
12 attempted commission of any other felony by the defendant.
13 (5) The defendant serves in a position of authority in
14 respect to the victim or is a family member of a victim under
15 18 years of age.
16 (6) The defendant commits the act upon a victim who is
17 mentally disabled, mentally incapacitated or physically
18 helpless.
19 "Consent." Intelligent, informed and voluntary affirmation
20 not to be construed as coerced or reluctant submission.
21 "Defendant." A person accused of an offense under the
22 specific provisions of this chapter.
23 ["Deviate sexual intercourse." Sexual intercourse per os or
24 per anus between human beings who are not husband and wife,
25 except as provided in section 3128 (relating to spousal sexual
26 assault), and any form of sexual intercourse with an animal. The
27 term also includes penetration, however slight, of the genitals
28 or anus of another person with a foreign object for any purpose
29 other than good faith medical, hygienic or law enforcement
30 procedures.]
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1 "Family member." The term includes:
2 (1) A parent, step-parent or foster parent.
3 (2) A grandparent or step-grandparent.
4 (3) A sibling, whether by whole blood, half-blood or a
5 step-sibling.
6 (4) Anyone who, by virtue of living arrangement, acts in
7 a position of authority over a victim under 18 years of age
8 within the household.
9 "Forcible compulsion." To compel by use of physical,
10 intellectual, moral, emotional or psychological force, either
11 expressed or implied.
12 "Foreign object." Includes any physical object not a part of
13 the actor's body.
14 "Indecent contact." [Any touching of the sexual or other
15 intimate parts of the person for the purpose of arousing or
16 gratifying sexual desire, in either person.] Touching by the
17 victim or defendant of the victim's or defendant's intimate
18 parts, either directly or indirectly.
19 "Intimate parts." Sexual organs, the genital area, anal
20 area, inner thigh, groin, buttock or breast of a person.
21 "Mentally disabled." A condition in which a person suffers
22 from a mental state which renders the person temporarily or
23 permanently incapable of appraising the nature of one's conduct.
24 "Mentally incapacitated." A condition in which the victim is
25 rendered temporarily incapable of appraising or controlling
26 conduct due to the influence of a narcotic, anesthetic,
27 intoxicant or other substance which rendered the victim
28 incapable of appraising or controlling his or her conduct.
29 "Physically helpless." A condition in which a person is
30 unconscious or is physically unable to flee or is physically
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1 unable to communicate an unwillingness to act.
2 "Position of authority." A person who, in either a
3 professional or voluntary capacity, is charged with the care,
4 education, health, welfare or supervision of a victim and who
5 exploits the relationship of trust or authority established in
6 that professional or voluntary capacity.
7 "Sexual act." The term includes:
8 (1) Vaginal intercourse, cunnilingus, fellatio or anal
9 intercourse between persons.
10 (2) Insertion of any part of a person's body, or a
11 foreign object, in another person's genitals or anus for any
12 purpose other than good faith medical, hygienic or law
13 enforcement procedures.
14 (3) Any sexual act with an animal by the victim upon the
15 defendant's instruction.
16 "Sexual conduct." Any conduct or behavior relating to sexual
17 activities of the victim, including, but not limited to,
18 previous or subsequent experience of sexual penetration or
19 sexual activity, use of contraceptives, living arrangement,
20 marital status and sexual lifestyle. The term includes any
21 sexual offense committed, or alleged to have been committed,
22 against the victim.
23 ["Sexual intercourse." In addition to its ordinary meaning,
24 includes intercourse per os or per anus with some penetration
25 however slight; emission is not required.]
26 "Victim." A person alleging to have been subjected to an
27 offense under the specific provisions of this chapter.
28 § 3102. Mistake as to age or condition.
29 [Whenever in this chapter the criminality of conduct depends
30 on a child being below the age of 14 years, it is no defense
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1 that the actor did not know the age of the child, or reasonably
2 believed the child to be the age of 14 years or older. When
3 criminality depends on the child's being below a critical age
4 other than 14 years, it is a defense for the actor to prove by a
5 preponderance of the evidence that he reasonably believed the
6 child to be above the critical age.]
7 (a) Ignorance of age not defense.--Whenever in this chapter,
8 the criminality of conduct depends on a child being below a
9 certain age, ignorance of the age is no defense. Neither a
10 misrepresentation of age by a child nor a bona fide belief a
11 child is over the specified age shall be a defense.
12 (b) Victim with a disability.--Whenever in this chapter the
13 degree of criminality of conduct depends on a victim being
14 mentally disabled, mentally incapacitated or physically
15 helpless, the higher degree of criminality of conduct shall
16 apply only if the defendant had, or should have had, knowledge
17 of the victim's condition.
18 Section 2. Section 3103 of Title 18 is repealed.
19 Section 3. Sections 3105, 3106 and 3107 of Title 18 are
20 amended to read:
21 § 3105. Prompt complaint.
22 Prompt reporting to public authority is not required in a
23 prosecution under this chapter: Provided, however, That nothing
24 in this section shall be construed to prohibit a defendant from
25 introducing evidence of the alleged victim's failure to promptly
26 report the crime if such evidence would be admissible pursuant
27 to the rules of evidence. Where defendant introduces evidence of
28 victim's failure to promptly report, the prosecution may
29 introduce testimony regarding reasons for failure to make prompt
30 complaints.
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1 § 3106. Testimony of complainants.
2 The credibility of an alleged victim of an offense under this
3 chapter shall be determined by the same standard as is the
4 credibility of an alleged victim of any other crime. The
5 testimony of a victim need not be corroborated in prosecutions
6 under this chapter. [In any prosecution before a jury for an
7 offense under this chapter, no] No instructions shall be given
8 cautioning the jury to view the alleged victim's testimony in
9 any other way than that in which all victims' testimony is
10 viewed.
11 § 3107. Resistance not required.
12 [The alleged victim need not resist the actor in prosecutions
13 under this chapter: Provided, however, That nothing in this
14 section shall be construed to prohibit a defendant from
15 introducing evidence that the alleged victim consented to the
16 conduct in question.]
17 The victim need not resist the use of or threat of forcible
18 compulsion, nor shall the prosecutor be required to offer proof
19 of such resistance by the victim. Lack of such resistance or
20 submission by the victim shall not constitute consent. Nothing
21 in this section shall be construed to prohibit a defendant from
22 introducing evidence that the victim consented to the conduct in
23 question.
24 Section 4. Title 18 is amended by adding sections to read:
25 § 3108. Evidence relating to manner in which victim was
26 dressed.
27 Evidence relating to the manner in which the victim was
28 dressed at the time of the offense to suggest that the victim
29 provoked the offense shall not be admissible in a prosecution
30 under this chapter. Nothing under this section shall prevent
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1 introduction of evidence that would otherwise be relevant.
2 § 3109. Conditions constituting incapacity to consent.
3 A victim is considered incapable of consenting to a sexual
4 act if the victim is 13 years of age or younger.
5 § 3110. Lie detector tests.
6 No law enforcement officer, prosecuting attorney or other
7 official shall require a victim of an offense described in this
8 chapter to submit to a polygraph examination or any form of a
9 mechanical or electrical lie detector test as a condition for
10 proceeding with the investigation, charging or prosecuting of
11 the offense. A victim's refusal to submit to a polygraph or any
12 form of a mechanical or electrical lie detector test shall not
13 mitigate against the investigation, charging or prosecuting of
14 the pending case as originally charged.
15 Section 5. Sections 3121 and 3122 of Title 18 are amended to
16 read:
17 [§ 3121. Rape.
18 A person commits a felony of the first degree when he engages
19 in sexual intercourse with another person not his spouse:
20 (1) by forcible compulsion;
21 (2) by threat of forcible compulsion that would prevent
22 resistance by a person of reasonable resolution;
23 (3) who is unconscious; or
24 (4) who is so mentally deranged or deficient that such
25 person is incapable of consent.
26 Whenever the term "rape" is used in this title or any other
27 title, it is deemed to include spousal sexual assault as further
28 defined in section 3128 (relating to spousal sexual assault).]
29 § 3121. Aggravated sexual assault.
30 (a) Offense defined generally.--A defendant commits a felony
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1 of the first degree when the defendant engages in a sexual act
2 with another person by forcible compulsion where an aggravating
3 circumstance is present.
4 (b) Victim incapable of consent.--A defendant commits a
5 felony of the first degree when the defendant engages in a
6 sexual act with another person incapable of consent.
7 [§ 3122. Statutory rape.
8 A person who is 18 years of age or older commits statutory
9 rape, a felony of the second degree, when he engages in sexual
10 intercourse with another person not his spouse who is less than
11 14 years of age.]
12 § 3122. Sexual assault.
13 A defendant commits a felony of the second degree when the
14 defendant engages in a sexual act with another person by
15 forcible compulsion or threat of forcible compulsion.
16 Section 6. Sections 3123, 3124, 3125 and 3126 of Title 18
17 are repealed.
18 Section 7. Section 3127 of Title 18 is amended to read:
19 § 3127. Indecent exposure.
20 [A person commits a misdemeanor of the second degree if, for
21 the purpose of arousing or gratifying sexual desire of himself
22 or of any person other than his spouse, he exposes his genitals
23 under circumstances in which he knows his conduct is likely to
24 cause affront or alarm.] A defendant commits a misdemeanor of
25 the second degree if the defendant exposes his or her genitals
26 in any public place or in any place where there are present
27 other persons under circumstances in which he or she knows his
28 or her conduct is likely to offend, affront or alarm. If the
29 defendant knows or should have known that any of the persons
30 present are 13 years of age or younger, indecent exposure is a
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1 misdemeanor of the first degree.
2 Section 8. Section 3128 of Title 18 is repealed.
3 Section 9. Title 18 is amended by adding sections to read:
4 § 3129. Indecent contact.
5 (a) Offense defined generally.--A defendant commits a
6 misdemeanor of the second degree when the defendant engages in
7 indecent contact with another person or causes such person to
8 engage in indecent contact with the defendant if the defendant
9 does so without the victim's consent.
10 (b) Aggravated indecent assault.--A defendant commits a
11 misdemeanor of the first degree when the defendant engages in
12 indecent contact with another person or causes such person to
13 engage in indecent contact with the defendant if:
14 (1) the defendant serves in a position of authority in
15 respect to the victim or is a family member of a victim under
16 18 years of age;
17 (2) the defendant commits the act upon a victim who is
18 mentally disabled, mentally incapacitated or physically
19 helpless if the defendant does so without the victim's
20 consent; or
21 (3) the defendant is over 18 years of age and the victim
22 is incapable of consent.
23 § 3130. Sexual exploitation of child.
24 (a) Offense defined.--A defendant commits a felony of the
25 first degree when the defendant actively procures or arranges to
26 procure a child 18 years of age or younger for the purpose of
27 engaging in sexual activity with another person when the
28 defendant is a family member or in a position of authority over
29 the child or forcibly compels the child to participate. If the
30 child is under 14 years of age, forcible compulsion need not be
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1 proven.
2 (b) Defense.--It is a defense to prosecution based on this
3 section that the defendant was compelled to commit the offense
4 by either the use of physical force or threat which placed the
5 defendant in fear of immediate death, serious bodily injury,
6 loss of personal liberty or retaliation.
7 (c) Definition.--As used in this section, the term "sexual
8 activity" includes sexual acts, touching or fondling of intimate
9 parts, masturbation, bestiality, sadism and masochism.
10 Section 10. Sections 4302, 4303 and 6312 of Title 18 are
11 amended to read:
12 § 4302. Incest.
13 A person is guilty of incest, a [felony of the second degree,
14 if he] misdemeanor of the first degree, if the person knowingly
15 and with consent marries or [cohabits or] has sexual intercourse
16 or lives as a spouse with an ancestor or descendant, a brother
17 or sister of the whole or half blood or an uncle, aunt, nephew
18 or niece of the whole blood. The relationships referred to in
19 this section include blood relationships without regard to
20 legitimacy[, and relationship of parent and child by adoption].
21 § 4303. Concealing death of child [born out of wedlock].
22 (a) Offense defined.--A person is guilty of a misdemeanor of
23 the third degree if he or she endeavors privately, either alone
24 or by the procurement of others, to conceal the death of his or
25 her child [born out of wedlock], so that it may not come to
26 light, whether it was born dead or alive or whether it was
27 murdered or not.
28 (b) Procedure.--If the same indictment or information
29 charges any person with the murder of his or her child [born out
30 of wedlock], as well as with the offense of the concealment of
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1 the death, the jury may acquit or convict him or her of both
2 offenses, or find him or her guilty of one and acquit him or her
3 of the other.
4 § 6312. Sexual abuse of children.
5 (a) Definition.--As used in this section, the term
6 "prohibited sexual act" means sexual [intercourse, anal
7 intercourse] acts as defined in section 3101 (relating to
8 definitions), masturbation, bestiality, sadism, masochism,
9 [fellatio, cunnilingus,] lewd exhibition of the genitals or
10 nudity if such nudity is [depicted] photographed, videotaped or
11 filmed for the purpose of sexual stimulation or gratification of
12 any person who might view such [depiction] photograph, videotape
13 or film.
14 (b) Photographing, videotaping or filming sexual acts.--Any
15 person who causes or knowingly permits a child under the age of
16 [17] 18 years to engage in a prohibited sexual act or in the
17 simulation of such act is guilty of a felony of the second
18 degree if such person knows, has reason to know or intends that
19 such act may be photographed, videotaped or filmed. Any person
20 who knowingly photographs, videotapes or films a child under the
21 age of [17] 18 years engaging in a prohibited sexual act or in
22 the simulation of such an act is guilty of a felony of the
23 second degree.
24 (c) Dissemination of photographs, videotapes and films.--Any
25 person who knowingly sells, distributes, delivers, disseminates,
26 transfers, displays or exhibits to others, or who possesses for
27 the purpose of sale, distribution, delivery, dissemination,
28 transfer, display or exhibition to others, any book, magazine,
29 pamphlet, slide, photograph, film, videotape or other material
30 [depicting] containing photographs, videotapes or films of a
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1 child under the age of [17] 18 years engaging in a prohibited
2 sexual act or in the simulation of such act is guilty of a
3 felony of the third degree.
4 (d) Possession of child pornography.--Any person who
5 knowingly possesses or controls any book, magazine, pamphlet,
6 slide, photograph, film, videotape or other material [depicting]
7 containing photographs, videotapes or films of a child under the
8 age of [17] 18 years engaging in a prohibited sexual act or in
9 the simulation of such act is guilty of a felony of the third
10 degree.
11 (e) [Evidence of age.--In the event a person involved in a
12 prohibited sexual act is alleged to be a child under the age of
13 17 years, competent expert testimony shall be sufficient to
14 establish the age of said person.] Mistake as to age.--Under
15 subsections (b) and (c) only, it is no defense that the actor
16 did not know the age of the child. Neither a misrepresentation
17 of age by the child nor a bona fide belief that the person is
18 over the specified age shall be a defense.
19 (f) Exceptions.--This section does not apply to any material
20 that is possessed, controlled, brought or caused to be brought
21 into this Commonwealth, or presented for a bona fide
22 educational, scientific, governmental or judicial purpose.
23 Section 11. Section 5303(b) of Title 23 is amended to read:
24 § 5303. Award of custody, partial custody or visitation.
25 * * *
26 (b) Consideration of criminal conviction.--If a parent has
27 been convicted of or has pleaded guilty or no contest to an
28 offense as set forth below, the court shall consider such
29 criminal conduct and shall determine that the parent does not
30 pose a threat of harm to the child before making an order of
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1 custody, partial custody or visitation to that parent:
2 (1) 18 Pa.C.S. Ch. 25 (relating to criminal homicide);
3 (2) 18 Pa.C.S. § 2901 (relating to kidnapping);
4 (3) 18 Pa.C.S. § 2902 (relating to unlawful restraint);
5 (4) 18 Pa.C.S. § 3121 (relating to [rape] aggravated
6 sexual assault);
7 (5) 18 Pa.C.S. § 3122 (relating to [statutory rape]
8 sexual assault);
9 [(6) 18 Pa.C.S. § 3123 (relating to involuntary deviate
10 sexual intercourse);
11 (7) 18 Pa.C.S. § 3126 (relating to indecent assault);
12 (8)](6) 18 Pa.C.S. § 3127 (relating to indecent
13 exposure);
14 (7) 18 Pa.C.S. § 3129 (relating to indecent contact);
15 (8) 18 Pa.C.S. § 3130 (relating to sexual exploitation
16 of child);
17 (9) 18 Pa.C.S. § 4302 (relating to incest);
18 [(9)] (10) 18 Pa.C.S. § 4304 (relating to endangering
19 welfare of children);
20 [(10)] (11) 18 Pa.C.S. § 5902(b) (relating to
21 prostitution and related offenses); or
22 [(11)] (12) 18 Pa.C.S. § 6312 (relating to sexual abuse
23 of children).
24 * * *
25 Section 12. The definition of "abuse" in section 6102 of
26 Title 23 is amended to read:
27 § 6102. Definitions.
28 (a) General rule.--The following words and phrases when used
29 in this chapter shall have the meanings given to them in this
30 section unless the context clearly indicates otherwise:
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1 "Abuse." The occurrence of one or more of the following acts
2 between family or household members, sexual or intimate partners
3 or persons who share biological parenthood:
4 (1) Attempting to cause or intentionally, knowingly or
5 recklessly causing bodily injury, serious bodily injury,
6 [rape, spousal sexual assault or involuntary deviate sexual
7 intercourse] aggravated sexual assault or sexual assault,
8 with or without a deadly weapon.
9 (2) Placing by physical menace another in fear of
10 imminent serious bodily injury.
11 (3) The infliction of false imprisonment pursuant to 18
12 Pa.C.S. § 2903 (relating to false imprisonment).
13 (4) Physically or sexually abusing minor children,
14 including such terms as defined in Chapter 63 (relating to
15 child protective services).
16 * * *
17 Section 13. The definition of "sexual abuse" in section 6303
18 of Title 23 is amended to read:
19 § 6303. Definitions.
20 The following words and phrases when used in this chapter
21 shall have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 * * *
24 "Sexual abuse." The obscene or pornographic photographing,
25 filming or depiction of children for commercial purposes or the
26 [rape] sexual assault, molestation, [incest] indecent contact,
27 prostitution or other forms of sexual exploitation of children
28 under circumstances which indicate that the child's health or
29 welfare is harmed or threatened thereby, as determined in
30 accordance with regulations of the department.
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1 * * *
2 Section 14. Section 6344(c) of Title 23 is amended to read:
3 § 6344. Information relating to prospective child-care
4 personnel.
5 * * *
6 (c) Grounds for denying employment.--In no case shall an
7 administrator hire an applicant where the department has
8 verified that the applicant is named in the central register as
9 the perpetrator of a founded report of child abuse committed
10 within the five-year period immediately preceding verification
11 pursuant to this section. In no case shall an administrator hire
12 an applicant if the applicant's criminal history record
13 information indicates the applicant has been convicted, within
14 five years immediately preceding the date of the report, of one
15 or more of the following offenses under Title 18 (relating to
16 crimes and offenses):
17 Chapter 25 (relating to criminal homicide).
18 Section 2702 (relating to aggravated assault).
19 Section 2901 (relating to kidnapping).
20 Section 2902 (relating to unlawful restraint).
21 [Section 3121 (relating to rape).
22 Section 3122 (relating to statutory rape).
23 Section 3123 (relating to involuntary deviate sexual
24 intercourse).
25 Section 3126 (relating to indecent assault).
26 Section 3127 (relating to indecent exposure).]
27 Section 3121 (relating to aggravated sexual assault).
28 Section 3122 (relating to sexual assault).
29 Section 3127 (relating to indecent exposure).
30 Section 3129 (relating to indecent contact).
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1 Section 3130 (relating to sexual exploitation of child).
2 Section 4303 (relating to concealing death of child [born
3 out of wedlock]).
4 Section 4304 (relating to endangering welfare of
5 children).
6 Section 4305 (relating to dealing in infant children).
7 A felony offense under section 5902(b) (relating to
8 prostitution and related offenses).
9 Section 5903(c) or (d) (relating to obscene and other
10 sexual materials).
11 Section 6301 (relating to corruption of minors).
12 Section 6312 (relating to sexual abuse of children).
13 * * *
14 Section 15. Sections 5552 and 5554 of Title 42 are amended
15 to read:
16 § 5552. Other offenses.
17 (a) General rule.--Except as otherwise provided in this
18 subchapter, a prosecution for an offense must be commenced
19 within two years after it is committed.
20 (b) Major offenses.--A prosecution for any of the following
21 offenses must be commenced within five years after it is
22 committed:
23 (1) Under the following provisions of Title 18 (relating
24 to crimes and offenses):
25 Section 911 (relating to corrupt organizations).
26 Section 2706 (relating to terroristic threats).
27 Section 2901 (relating to kidnapping).
28 [Section 3121 (relating to rape).
29 Section 3123 (relating to involuntary deviate sexual
30 intercourse).]
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1 Section 3121 (relating to aggravated sexual assault).
2 Section 3122 (relating to sexual assault).
3 Section 3129 (relating to indecent contact).
4 Section 3130 (relating to sexual exploitation of
5 child).
6 Section 3301 (relating to arson and related
7 offenses).
8 Section 3502 (relating to burglary).
9 Section 3701 (relating to robbery).
10 Section 3921 (relating to theft by unlawful taking or
11 disposition) through section 3931 (relating to theft of
12 unpublished dramas and musical compositions).
13 Section 4101 (relating to forgery).
14 Section 4108 (relating to commercial bribery and
15 breach of duty to act disinterestedly).
16 Section 4109 (relating to rigging publicly exhibited
17 contest).
18 [Section 4302 (relating to incest).]
19 Section 4701 (relating to bribery in official and
20 political matters) through section 4703 (relating to
21 retaliation for past official action).
22 Section 4902 (relating to perjury) through section
23 4912 (relating to impersonating a public servant).
24 Section 4952 (relating to intimidation of witnesses
25 or victims).
26 Section 4953 (relating to retaliation against witness
27 or victim).
28 Section 5101 (relating to obstructing administration
29 of law or other governmental function).
30 Section 5512 (relating to lotteries, etc.) through
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1 section 5514 (relating to pool selling and bookmaking).
2 Section 5902(b) (relating to prostitution and related
3 offenses).
4 Section 6312 (relating to sexual abuse of children).
5 (2) Any offense punishable under section 13(f) of the
6 act of April 14, 1972 (P.L.233, No.64), known as ["]The
7 Controlled Substance, Drug, Device and Cosmetic Act.["]
8 (3) Any conspiracy to commit any of the offenses set
9 forth in paragraphs (1) and (2) and any solicitation to
10 commit any of the offenses in paragraphs (1) and (2) if the
11 solicitation results in the completed offense.
12 (4) Under the act of June 13, 1967 (P.L.31, No.21),
13 known as the ["]Public Welfare Code.["]
14 (c) Exceptions.--If the period prescribed in subsection (a)
15 or subsection (b) has expired, a prosecution may nevertheless be
16 commenced for:
17 (1) Any offense a material element of which is either
18 fraud or a breach of fiduciary obligation within one year
19 after discovery of the offense by an aggrieved party or by a
20 person who has a legal duty to represent an aggrieved party
21 and who is himself not a party to the offense, but in no case
22 shall this paragraph extend the period of limitation
23 otherwise applicable by more than three years.
24 (2) Any offense committed by a public officer or
25 employee in the course of or in connection with his office or
26 employment at any time when the defendant is in public office
27 or employment or within five years thereafter, but in no case
28 shall this paragraph extend the period of limitation
29 otherwise applicable by more than eight years.
30 (3) Any sexual offense committed against a minor who is
19930H0160B0171 - 18 -
1 less than 18 years of age any time up to the period of
2 limitation provided by law after the minor has reached 18
3 years of age. As used in this paragraph, the term "sexual
4 offense" means a crime under the following provisions of
5 Title 18 (relating to crimes and offenses):
6 [Section 3121 (relating to rape).
7 Section 3122 (relating to statutory rape).
8 Section 3125 (relating to aggravated indecent
9 assault).
10 Section 3126 (relating to indecent assault).
11 Section 3127 (relating to indecent exposure).
12 Section 4302 (relating to incest).]
13 Section 3121 (relating to aggravated sexual assault).
14 Section 3122 (relating to sexual assault).
15 Section 3127 (relating to indecent exposure).
16 Section 3129 (relating to indecent contact).
17 Section 3130 (relating to sexual exploitation of
18 child).
19 Section 4304 (relating to endangering welfare of
20 children).
21 Section 5902 (relating to prostitution and related
22 offenses).
23 Section 6301 (relating to corruption of minors).
24 Section 6312(b) (relating to sexual abuse of
25 children).
26 (d) Commission of offense.--An offense is committed either
27 when every element occurs, or, if a legislative purpose to
28 prohibit a continuing course of conduct plainly appears, at the
29 time when the course of conduct or the complicity of the
30 defendant therein is terminated. Time starts to run on the day
19930H0160B0171 - 19 -
1 after the offense is committed.
2 (e) Commencement of prosecution.--Except as otherwise
3 provided by general rule adopted pursuant to section 5503
4 (relating to commencement of matters), a prosecution is
5 commenced either when an indictment is found or an information
6 under section 8931(b) (relating to indictment and information)
7 is issued, or when a warrant, summons or citation is issued, if
8 such warrant, summons or citation is executed without
9 unreasonable delay.
10 § 5554. Tolling of statute.
11 Except as provided by section 5553(e) (relating to
12 disposition of proceedings within two years), the period of
13 limitation does not run during any time when:
14 (1) the accused is continuously absent from this
15 Commonwealth or has no reasonably ascertainable place of
16 abode or work within this Commonwealth;
17 (2) a prosecution against the accused for the same
18 conduct is pending in this Commonwealth; or
19 (3) a child is under 18 years of age, where the crime
20 involves physical injuries to the person of the child caused
21 by the wrongful act, or neglect, or unlawful violence, or
22 negligence of the child's parents or by a person responsible
23 for the child's welfare, or any family member of the child or
24 any individual residing in the same home as the child, or a
25 paramour of the child's parent.
26 Section 16. Title 42 is amended by adding sections to read:
27 § 5989. Speedy disposition of cases.
28 All criminal actions in which a child is the victim or a
29 material witness shall be heard and disposed of as expeditiously
30 as possible. In ruling on any motion or request for delay or
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1 continuance of any proceeding, the court shall consider and give
2 weight to any adverse impact that the requested delay or
3 continuance may have on the well-being of the child as well as
4 to any adverse impact on the defendant's right to a fair trial.
5 § 5990. Expert witness testimony.
6 When a prosecution is brought for offenses committed against
7 children, the court shall have the discretion to permit the
8 introduction of expert witness testimony of a general nature for
9 the purpose of educating the jury regarding any area where the
10 testimony might be useful and beneficial in helping the jury
11 understand the typical behaviors of children who are victims of
12 sexual assault.
13 § 5991. Competency of child victim witness.
14 (a) General rule.--Every child who is an alleged victim of a
15 sexual offense, abuse or neglect shall be presumed competent to
16 testify in any judicial proceeding regarding the alleged
17 offense; however, the presumption may be rebutted by evidence to
18 the contrary.
19 (b) Disqualification.--A child shall be disqualified to be a
20 witness if the court finds that the proposed witness is
21 incapable of:
22 (1) expressing himself or herself concerning the matter
23 so as to be understood by the judge and jury either directly
24 or through interpretation by a person with no direct interest
25 in the proceedings who can understand him or her; or
26 (2) understanding the duty of a witness to tell the
27 truth.
28 (c) Oath not required.--A child under ten years of age, in
29 the court's discretion, need not take an oath or make an
30 affirmation or declaration but may be required only to promise
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1 to tell the truth.
2 Section 17. This act shall apply as follows:
3 (1) The amendment or addition of sections of 18 Pa.C.S.
4 shall apply to offenses committed on or after the effective
5 date of this act.
6 (2) The addition of 42 Pa.C.S. §§ 5989, 5990 and 5991
7 shall apply to proceedings conducted on or after the
8 effective date of this act.
9 Section 18. This act shall take effect in 60 days.
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