PRINTER'S NO. 1164
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
944
Session of
2015
INTRODUCED BY AUMENT, STEFANO, RAFFERTY, VULAKOVICH AND WARD,
JULY 7, 2015
REFERRED TO JUDICIARY, JULY 7, 2015
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in criminal homicide, further providing for murder;
in assault, further providing for aggravated assault; in
sexual offenses, further providing for rape, for involuntary
deviate sexual intercourse and for aggravated indecent
assault; and, in sentencing, further providing for sentences
for offenses against infant persons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2502 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 2502. Murder.
* * *
(c.1) Murder of the third degree if the victim is less than
13 years of age.--All other kinds of murder shall be murder of
the third degree if the victim is less than 13 years of age.
Murder of the third degree is a felony of the first degree.
* * *
Section 2. Section 2702(a) of Title 18 is amended to read:
§ 2702. Aggravated assault.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
(a) Offense defined.--A person is guilty of aggravated
assault if he:
(1) attempts to cause serious bodily injury to another,
or causes such injury intentionally, knowingly or recklessly
under circumstances manifesting extreme indifference to the
value of human life;
(2) attempts to cause or intentionally, knowingly or
recklessly causes serious bodily injury to any of the
officers, agents, employees or other persons enumerated in
subsection (c) or to an employee of an agency, company or
other entity engaged in public transportation, while in the
performance of duty;
(3) attempts to cause or intentionally or knowingly
causes bodily injury to any of the officers, agents,
employees or other persons enumerated in subsection (c), in
the performance of duty;
(4) attempts to cause or intentionally or knowingly
causes bodily injury to another with a deadly weapon;
(4.1) attempts to cause or intentionally or knowingly
causes bodily injury to a child less than 16 years of age
with a deadly weapon;
(5) attempts to cause or intentionally or knowingly
causes bodily injury to a teaching staff member, school board
member or other employee, including a student employee, of
any elementary or secondary publicly-funded educational
institution, any elementary or secondary private school
licensed by the Department of Education or any elementary or
secondary parochial school while acting in the scope of his
or her employment or because of his or her employment
relationship to the school;
20150SB0944PN1164 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(6) attempts by physical menace to put any of the
officers, agents, employees or other persons enumerated in
subsection (c), while in the performance of duty, in fear of
imminent serious bodily injury;
(7) uses tear or noxious gas as defined in section
2708(b) (relating to use of tear or noxious gas in labor
disputes) or uses an electric or electronic incapacitation
device against any officer, employee or other person
enumerated in subsection (c) while acting in the scope of his
employment;
(8) attempts to cause or intentionally, knowingly or
recklessly causes bodily injury to a child less than six
years of age, by a person 18 years of age or older; [or]
(9) attempts to cause or intentionally, knowingly or
recklessly causes serious bodily injury to a child less than
13 years of age, by a person 18 years of age or older[.]; or
(10) attempts to cause or intentionally, knowingly or
recklessly causes serious bodily injury to a child less than
16 years of age, by a person 18 years of age or older.
* * *
Section 3. Sections 3121(a), 3123(a) and 3125(a) of Title 18
are amended by adding paragraphs to read:
§ 3121. Rape.
(a) Offense defined.--A person commits a felony of the first
degree when the person engages in sexual intercourse with a
complainant:
* * *
(7) Who is less than 16 years of age:
(i) by forcible compulsion;
(ii) by threat of forcible compulsion that would
20150SB0944PN1164 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
prevent resistance by a person of reasonable
resolution;
(iii) who is unconscious or where the person knows
that the complainant is unaware that the sexual
intercourse is occurring;
(iv) where the person has substantially impaired the
complainant's power to appraise or control his or her
conduct by administering or employing, without the
knowledge of the complainant, drugs, intoxicants or other
means for the purpose of preventing resistance; or
(v) who suffers from a mental disability which
renders the complainant incapable of consent.
* * *
§ 3123. Involuntary deviate sexual intercourse.
(a) Offense defined.--A person commits a felony of the first
degree when the person engages in deviate sexual intercourse
with a complainant:
* * *
(8) who is less than 16 years of age:
(i) by forcible compulsion;
(ii) by threat of forcible compulsion that would
prevent resistance by a person of reasonable resolution;
(iii) who is unconscious or where the person knows
that the complainant is unaware that the sexual
intercourse is occurring;
(iv) where the person has substantially impaired the
complainant's power to appraise or control his or her
conduct by administering or employing, without the
knowledge of the complainant, drugs, intoxicants or other
means for the purpose of preventing resistance; or
20150SB0944PN1164 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(v) who suffers from a mental disability which
renders the complainant incapable of consent.
* * *
§ 3125. Aggravated indecent assault.
(a) Offenses defined.--Except as provided in sections 3121
(relating to rape), 3122.1 (relating to statutory sexual
assault), 3123 (relating to involuntary deviate sexual
intercourse) and 3124.1 (relating to sexual assault), a person
who engages in penetration, however slight, of the genitals or
anus of a complainant with a part of the person's body for any
purpose other than good faith medical, hygienic or law
enforcement procedures commits aggravated indecent assault if:
* * *
(9) the complainant is less than 16 years of age:
(i) without the complainant's consent;
(ii) by forcible compulsion;
(iii) by threat of forcible compulsion that would
prevent resistance by a person of reasonable
resolution;
(iv) the complainant is unconscious or the person
knows that the complainant is unaware that the
penetration is occurring;
(v) the person has substantially impaired the
complainant's power to appraise or control his or her
conduct by administering or employing, without the
knowledge of the complainant, drugs, intoxicants or other
means for the purpose of preventing resistance; or
(vi) the complainant suffers from a mental
disability which renders him or her incapable of consent.
* * *
20150SB0944PN1164 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 4. Section 9718(a) and (c) of Title 42 are amended
to read:
§ 9718. Sentences for offenses against infant persons.
(a) Mandatory sentence.--
(1) A person convicted of the following offenses when
the victim is less than 16 years of age shall be sentenced to
a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2702(a)(1) [and], (4), (4.1) and (10)
(relating to aggravated assault) - not less than two years.
18 Pa.C.S. § 3121(a)(1), (2), (3), (4) [and], (5) and (7)
(relating to rape) - not less than ten years.
18 Pa.C.S. § 3123(a)(7) and (8) (relating to involuntary
deviate sexual intercourse) - not less than ten years.
18 Pa.C.S. § 3125(a)(1) through (6), (8) and (9)
(relating to aggravated indecent assault) - not less than
five years.
(2) A person convicted of the following offenses when
the victim is less than 13 years of age shall be sentenced to
a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2502(c) (relating to murder) - not less than
15 years.
18 Pa.C.S. § 2702(a)(1) and (9) - not less than five
years.
(3) A person convicted of the following offenses shall
be sentenced to a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2702(a)(8) - not less than ten years.
18 Pa.C.S. § 3121(c) and (d) - not less than ten years.
18 Pa.C.S. § 3125(a)(7) - not less than five years.
18 Pa.C.S. § 3125(b) - not less than ten years.
* * *
20150SB0944PN1164 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
[(c) Proof at sentencing.--The provisions of this section
shall not be an element of the crime, and notice of the
provisions of this section to the defendant shall not be
required prior to conviction, but reasonable notice of the
Commonwealth's intention to proceed under this section shall be
provided after conviction and before sentencing. The
applicability of this section shall be determined at sentencing.
The court shall consider any evidence presented at trial and
shall afford the Commonwealth and the defendant an opportunity
to present any necessary additional evidence and shall
determine, by a preponderance of the evidence, if this section
is applicable.]
* * *
Section 5. This act shall take effect in 60 days.
20150SB0944PN1164 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14