PRINTER'S NO. 4160
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2709
Session of
2020
INTRODUCED BY McCLINTON, RABB, BURGOS, GALLOWAY, HOHENSTEIN,
HANBIDGE, CEPHAS, ULLMAN, DELLOSO, KINSEY, HILL-EVANS, LEE,
KIRKLAND, HOWARD, DALEY, SANCHEZ, SCHWEYER, GREEN, YOUNGBLOOD
AND MADDEN, JULY 30, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JULY 30, 2020
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in sexual offenses, providing for the
offense of sexual assault by police officer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3124.4. Sexual assault by police officer.
(a) Peace officer.-- Except as provided in sections 3121
(relating to rape), 3122.1 (relating to statutory sexual
assault), 3123 (relating to involuntary deviate sexual
intercourse), 3124.1 (relating to sexual assault) and 3125
(relating to aggravated indecent assault), a person who is a
peace officer commits a felony of the third degree when that
person engages in sexual intercourse with a person who is:
(1) being investigated by the peace officer;
(2) under arrest; or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
(3) otherwise in official detention.
(b) Employment.-- A person convicted for a violation of this
section shall have the person's employment terminated and shall
not be eligible to be rehired or employed as a peace officer
with any jurisdiction in this Commonwealth or by the Department
of Corrections or any county correctional authority, youth
development center, youth forestry camp, State or county
juvenile detention facility, other residential facility serving
children, mental health facility or a facility serving persons
with intellectual disabilities.
(c) Consent.--Consent of the victim shall not be a defense
to a prosecution for a violation under this section.
(d) Definitions. --As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Official detention." As defined in 18 Pa.C.S. § 5121(e)
(relating to escape).
"Peace officer." As defined in 18 Pa.C.S. § 501 (relating to
definitions).
Section 2. This act shall take effect in 60 days.
20200HB2709PN4160 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20