PRINTER'S NO. 2581
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1861
Session of
2017
INTRODUCED BY FARRY, BOBACK, WARD, DRISCOLL, V. BROWN, WATSON,
RYAN, SCHLOSSBERG, WARREN, CHARLTON, READSHAW, D. COSTA,
JOZWIAK, DeLUCA, NEILSON, GILLEN AND ROZZI, OCTOBER 16, 2017
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 16, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for the
offense of aggravated assault.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2702(a) and (b) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 2702. Aggravated assault.
(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
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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;
(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;
(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]
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(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) introduces any bodily fluid, foreign substance or
foreign object into food being consumed or intended for
consumption by a police officer, firefighter or emergency
medical services personnel.
(b) Grading.--
(1) Aggravated assault under subsection (a)(1), (2) and
(9) is a felony of the first degree.
(2) Aggravated assault under subsection (a)(3), (4),
(5), (6), (7) and (8) is a felony of the second degree.
(3) Aggravated assault under subsection (a)(10) is a
misdemeanor of the third degree unless it causes bodily
injury, in which case it is a misdemeanor of the first
degree.
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Section 2. This act shall take effect in 60 days.
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