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PRINTER'S NO. 789
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
704
Session of
2021
INTRODUCED BY BAKER, MARTIN, VOGEL AND SANTARSIERO, MAY 21, 2021
REFERRED TO JUDICIARY, MAY 21, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in sexual offenses, further providing
for the offense of institutional sexual assault.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3124.2(a.5) of Title 18 of the
Pennsylvania Consolidated Statutes, added July 23, 2020
(P.L.641, No.63), is amended and the section is amended by
adding a subsection to read:
ยง 3124.2. Institutional sexual assault.
* * *
(a.5) Consent not a defense.--Consent is not a defense to a
violation of subsection (a), (a.1), (a.2), (a.3) [or], (a.4) or
(a.6).
(a.6) Caretakers.--
(1) Except as provided in paragraph (2) and in sections
3121, 3122.1, 3123, 3124.1 and 3125, a caretaker commits a
felony of the third degree if the caretaker engages in sexual
intercourse, deviate sexual intercourse or indecent contact
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with a care-dependent person who receives care, services or
treatment in or from a facility, private care residence or
the care-dependent person's residence.
(2) Paragraph (1) does not apply if the victim and
defendant are spouses, persons living as spouses or current
sexual or intimate partners whose relationship preexisted the
caretaker relationship.
(3) As used in this subsection, the following terms
shall have the meanings given to them in this paragraph:
(i) "Care-dependent person." An adult who, due to
physical or cognitive disability or impairment, requires
assistance to meet the needs for food, shelter, clothing,
personal care or health care.
(ii) "Caretaker." A person who is any of the
following:
(A) An owner, operator, manager or employee of a
facility or private care residence.
(B) An individual who provides care to a care-
dependent person in a facility, private care
residence or the care-dependent person's residence.
(C) An individual who has an obligation to
provide care to a care-dependent person for monetary
consideration in a facility, private care residence
or the care-dependent person's residence.
(D) An individual who does not reside with a
care-dependent person but who, with respect to the
care-dependent person, has:
(I) a legal duty to provide care;
(II) affirmatively assumed a responsibility
to provide care; or
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(III) responsibility by contract or court
order to provide care.
(iii) "Facility." Any of the following:
(A) A health care facility, as defined in
section 802.1 of the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act.
(B) A facility as defined in section 1001 of the
act of June 13, 1967 (P.L.31, No.21), known as the
Human Services Code.
(C) An intermediate care facility as defined in
section 801-C of the Human Services Code.
(D) A domiciliary care home as defined in 6 Pa.
Code, Ch. 21 (relating to domiciliary care services
for adults).
(iv) "Private care residence." A private residence:
(A) In which the owner of the residence or the
legal entity responsible for the operation of the
residence, for monetary consideration, provides or
assists with or arranges for the provision of food,
room, shelter, clothing, personal care or health care
in the residence, for a period exceeding 24 hours, to
fewer than four care-dependent persons who are not
relatives of the owner.
(B) That is not:
(I) required to be licensed as a long-term
care nursing facility, as defined in section
802.1 of the Health Care Facilities Act; and
(II) specified in subparagraph (iii)(A).
* * *
Section 2. This act shall take effect in 60 days.
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