act-2002-0-162•Pennsylvania Act 2002-162 — CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2002-162 — CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS
act-2002-0-1622002 Pa. Act 162Law
Act text
CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Dec. 9, 2002, P.L. 1350, No. 162 Cl. 18
Session of 2002
No. 2002-162
HB 976
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for rape, for
involuntary deviate sexual intercourse, for aggravated
indecent assault and for reporting criminal injuries;
defining "suspected criminal activity" for purposes of
wiretapping and electronic surveillance; and further
providing for certain exceptions, for order authorizing
interception of wire, electronic or oral communications, for
application for order and for emergency situations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3101 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 3101. Definitions.
Subject to additional definitions contained in subsequent
provisions of this chapter which are applicable to specific
provisions of this chapter, the following words and phrases when
used in this chapter shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Serious bodily injury." As defined in section 2301
(relating to definitions).
* * *
Section 2. Sections 3121, 3123, 3125 and 5106 of Title 18
are amended to read:
§ 3121. Rape.
(a) Offense defined.--A person commits a felony of the first
degree when [he or she] the person engages in sexual intercourse
with a complainant:
(1) By forcible compulsion.
(2) By threat of forcible compulsion that would prevent
resistance by a person of reasonable resolution.
(3) Who is unconscious or where the person knows that
the complainant is unaware that the sexual intercourse is
occurring.
(4) 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.
(5) Who suffers from a mental disability which renders
the complainant incapable of consent.
[(6) Who is less than 13 years of age.]
(b) Additional penalties.--In addition to the penalty
provided for by subsection (a), a person may be sentenced to an
additional term not to exceed ten years' confinement and an
additional amount not to exceed $100,000 where the person
engages in sexual intercourse with a complainant and 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, any substance for the
purpose of preventing resistance through the inducement of
euphoria, memory loss and any other effect of this substance.
(c) Rape of a child.--A person commits a felony of the first
degree when the person engages in sexual intercourse with a
complainant who is less than 13 years of age.
(d) Rape of a child with serious bodily injury.--A person
commits a felony of the first degree when the person engages in
sexual intercourse with a complainant who is less than 13 years
of age and the complainant suffers serious bodily injury in the
course of the offense.
(e) Sentences.--Notwithstanding the provisions of section
1103 (relating to sentence of imprisonment for felony), a person
convicted of an offense under:
(1) Subsection (c) shall be sentenced to a term of
imprisonment which shall be fixed by the court at not more
than 40 years.
(2) Subsection (d) shall be sentenced up to a maximum
term of life imprisonment.
§ 3123. Involuntary deviate sexual intercourse.
(a) Offense defined.--A person commits a felony of the first
degree when [he or she] the person engages in deviate sexual
intercourse with a complainant:
(1) by forcible compulsion;
(2) by threat of forcible compulsion that would prevent
resistance by a person of reasonable resolution;
(3) who is unconscious or where the person knows that
the complainant is unaware that the sexual intercourse is
occurring;
(4) 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;
(5) who suffers from a mental disability which renders
him or her incapable of consent; or
[(6) who is less than 13 years of age; or]
[(7)] (6) who is less than 16 years of age and the
person is four or more years older than the complainant and
the complainant and person are not married to each other.
(b) Definition.--As used in this section, the term "forcible
compulsion" includes, but is not limited to, compulsion
resulting in another person's death, whether the death occurred
before, during or after the sexual intercourse.
(c) Involuntary deviate sexual intercourse with a child.--A
person commits a felony of the first degree when the person
engages in deviate sexual intercourse with a complainant who is
less than 13 years of age.
(d) Involuntary deviate sexual intercourse with a child with
serious bodily injury.--A person commits a felony of the first
degree when the person engages in deviate sexual intercourse
with a complainant who is less than 13 years of age and the
complainant suffers serious bodily injury in the course of the
offense.
(e) Sentences.--Notwithstanding the provisions of section
1103 (relating to sentence of imprisonment for felony), a person
convicted of an offense under:
(1) Subsection (c) shall be sentenced to a term of
imprisonment which shall be fixed by the court at not more
than 40 years.
(2) Subsection (d) shall be sentenced up to a maximum
term of life imprisonment.
§ 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, [a
felony of the second degree,] if:
(1) the person does so without the complainant's
consent;
(2) the person does so by forcible compulsion;
(3) the person does so by threat of forcible compulsion
that would prevent resistance by a person of reasonable
resolution;
(4) the complainant is unconscious or the person knows
that the complainant is unaware that the penetration is
occurring;
(5) 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;
(6) the complainant suffers from a mental disability
which renders him or her incapable of consent;
(7) the complainant is less than 13 years of age; or
(8) the complainant is less than 16 years of age and the
person is four or more years older than the complainant and
the complainant and the person are not married to each other.
(b) Aggravated indecent assault of a child.--A person
commits aggravated indecent assault of a child when the person
violates subsection (a)(1), (2), (3), (4), (5) or (6) and the
complainant is less than 13 years of age.
(c) Grading and sentences.--
(1) An offense under subsection (a) is a felony of the
second degree.
(2) An offense under subsection (b) is a felony of the
first degree.
§ 5106. Failure to report injuries by firearm or criminal act.
(a) Offense defined.--[A] Except as set forth in subsection
(a.1), a physician, intern or resident, or any person
conducting, managing or in charge of any hospital or pharmacy,
or in charge of any ward or part of a hospital, to whom shall
come or be brought any person:
(1) suffering from any wound or other injury inflicted
by his own act or by the act of another which caused death or
serious bodily injury, or inflicted by means of a deadly
weapon as defined in section 2301 [of this title] (relating
to definitions); or
(2) upon whom injuries have been inflicted in violation
of any penal law of this Commonwealth;
commits a summary offense if [he] the reporting party fails to
report such injuries immediately, both by telephone and in
writing, to the chief of police or other head of the police
department of the local government, or to the Pennsylvania State
Police. The report shall state the name of the injured person,
if known, [his] the injured person's whereabouts and the
character and extent of [his] the person's injuries.
(a.1) Exception.--In cases of bodily injury as defined in
section 2301 (relating to definitions), failure to report under
subsection (a)(2) does not constitute an offense if all of the
following apply:
(1) The victim is an adult and has suffered bodily
injury.
(2) The injury was inflicted by an individual who:
(i) is the current or former spouse of the victim;
(ii) is a current or former sexual or intimate
partner of the victim;
(iii) shares biological parenthood with the victim;
or
(iv) is or has been living as a spouse of the
victim.
(3) The victim has been informed:
(i) of the duty to report under subsection (a)(2);
and
(ii) that the report under subsection (a)(2) cannot
be made without the victim's consent.
(4) The victim does not consent to the report under
subsection (a)(2).
(5) The victim has been provided with a referral to the
appropriate victim service agency such as a domestic violence
or sexual assault program.
(b) Immunity granted.--No physician or other person shall be
subject to civil or criminal liability by reason of [making a
report required by] complying with this section.
(c) Physician-patient privilege unavailable.--In any
judicial proceeding resulting from a report pursuant to this
section, the physician-patient privilege shall not apply in
respect to evidence regarding such injuries or the cause
thereof. This subsection shall not apply where a report is not
made pursuant to subsection (a.1).
(d) Reporting of crime encouraged.--Nothing in this chapter
precludes a victim from reporting the crime that resulted in
injury.
(e) Availability of information.--A physician or other
individual may make available information concerning domestic
violence or sexual assault to any individual subject to the
provisions of this chapter.
Section 3. Section 5702 of Title 18 is amended by adding a
definition to read:
§ 5702. Definitions.
As used in this chapter, the following words and phrases
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Suspected criminal activity." A particular offense that has
been, is or is about to occur as set forth under section
5709(3)(ii) (relating to application for order), any
communications to be intercepted as set forth under section
5709(3)(iii) or any of the criminal activity set forth under
section 5709(3)(iv) establishing probable cause for the issuance
of an order.
* * *
Section 4. Sections 5706(b)(2), 5708, 5709 and 5713(a) of
Title 18 are amended to read:
§ 5706. Exceptions to prohibitions in possession, sale,
distribution, manufacture or advertisement of
electronic, mechanical or other devices.
* * *
(b) Responsibility.--
* * *
(2) The division or bureau or section of the
Pennsylvania State Police responsible for conducting the
training in the technical aspects of wiretapping and
electronic surveillance as required by section 5724 (relating
to training) may buy and possess any electronic, mechanical
or other device which is to be used by investigative or law
enforcement officers for purposes of interception as
authorized under section 5704(2), (5) and (12), 5712, 5713 or
5713.1 for the purpose of training. However, any electronic,
mechanical or other device bought or possessed under this
provision may be loaned to or used by investigative or law
enforcement officers for purposes of interception as
authorized under section 5704(2), (5) and (12), 5712, 5713 or
5713.1 only upon written approval by the Attorney General or
a deputy attorney general designated in writing by the
Attorney General or the district attorney or an assistant
district attorney designated in writing by the district
attorney of the county wherein [the interception is to be
made] the suspected criminal activity has been, is or is
about to occur.
* * *
§ 5708. Order authorizing interception of wire, electronic or
oral communications.
The Attorney General, or, during the absence or incapacity of
the Attorney General, a deputy attorney general designated in
writing by the Attorney General, or the district attorney or,
during the absence or incapacity of the district attorney, an
assistant district attorney designated in writing by the
district attorney of the county wherein [the interception is to
be made] the suspected criminal activity has been, is or is
about to occur, may make written application to any Superior
Court judge for an order authorizing the interception of a wire,
electronic or oral communication by the investigative or law
enforcement officers or agency having responsibility for an
investigation involving suspected criminal activities when such
interception may provide evidence of the commission of any of
the following offenses, or may provide evidence aiding in the
apprehension of the perpetrator or perpetrators of any of the
following offenses:
(1) Under this title:
Section 911 (relating to corrupt organizations)
Section 2501 (relating to criminal homicide)
Section 2502 (relating to murder)
Section 2503 (relating to voluntary manslaughter)
Section 2702 (relating to aggravated assault)
Section 2706 (relating to terroristic threats)
Section 2709(b) (relating to harassment and stalking)
Section 2716 (relating to weapons of mass
destruction)
Section 2901 (relating to kidnapping)
Section 3121 (relating to rape)
Section 3123 (relating to involuntary deviate sexual
intercourse)
Section 3124.1 (relating to sexual assault)
Section 3125 (relating to aggravated indecent
assault)
Section 3301 (relating to arson and related offenses)
Section 3302 (relating to causing or risking
catastrophe)
Section 3502 (relating to burglary)
Section 3701 (relating to robbery)
Section 3921 (relating to theft by unlawful taking or
disposition)
Section 3922 (relating to theft by deception)
Section 3923 (relating to theft by extortion)
Section 4701 (relating to bribery in official and
political matters)
Section 4702 (relating to threats and other improper
influence in official and political matters)
Section 5512 (relating to lotteries, etc.)
Section 5513 (relating to gambling devices, gambling,
etc.)
Section 5514 (relating to pool selling and
bookmaking)
Section 5516 (relating to facsimile weapons of mass
destruction)
Section 6318 (relating to unlawful contact or
communication with minor)
(2) Under this title, where such offense is dangerous to
life, limb or property and punishable by imprisonment for
more than one year:
Section 910 (relating to manufacture, distribution or
possession of devices for theft of telecommunications
services)
Section 3925 (relating to receiving stolen property)
Section 3926 (relating to theft of services)
Section 3927 (relating to theft by failure to make
required disposition of funds received)
Section 3933 (relating to unlawful use of computer)
Section 4108 (relating to commercial bribery and
breach of duty to act disinterestedly)
Section 4109 (relating to rigging publicly exhibited
contest)
Section 4117 (relating to insurance fraud)
Section 4305 (relating to dealing in infant children)
Section 4902 (relating to perjury)
Section 4909 (relating to witness or informant taking
bribe)
Section 4911 (relating to tampering with public
records or information)
Section 4952 (relating to intimidation of witnesses
or victims)
Section 4953 (relating to retaliation against witness
or victim)
Section 5101 (relating to obstructing administration
of law or other governmental function)
Section 5111 (relating to dealing in proceeds of
unlawful activities)
Section 5121 (relating to escape)
Section 5504 (relating to harassment by communication
or address)
Section 5902 (relating to prostitution and related
offenses)
Section 5903 (relating to obscene and other sexual
materials and performances)
Section 7313 (relating to buying or exchanging
Federal food order coupons, stamps, authorization cards
or access devices)
(3) Under the act of March 4, 1971 (P.L.6, No.2), known
as the Tax Reform Code of 1971, where such offense is
dangerous to life, limb or property and punishable by
imprisonment for more than one year:
Section 1272 (relating to sales of unstamped
cigarettes)
Section 1273 (relating to possession of unstamped
cigarettes)
Section 1274 (relating to counterfeiting)
(4) Any offense set forth under section 13(a) of the act
of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, not including the
offense described in clause (31) of section 13(a).
(5) Any offense set forth under the act of November 15,
1972 (P.L.1227, No.272).
(6) Any conspiracy to commit any of the offenses set
forth in this section.
(7) Under the act of November 24, 1998 (P.L.874,
No.110), known as the Motor Vehicle Chop Shop and Illegally
Obtained and Altered Property Act.
§ 5709. Application for order.
Each application for an order of authorization to intercept a
wire, electronic or oral communication shall be made in writing
upon the personal oath or affirmation of the Attorney General or
a district attorney of the county wherein [the interception is
to be made] the suspected criminal activity has been, is or is
about to occur and shall contain all of the following:
(1) A statement of the authority of the applicant to
make such application.
(2) A statement of the identity and qualifications of
the investigative or law enforcement officers or agency for
whom the authority to intercept a wire, electronic or oral
communication is sought.
(3) A sworn statement by the investigative or law
enforcement officer who has knowledge of relevant information
justifying the application, which shall include:
(i) The identity of the particular person, if known,
committing the offense and whose communications are to be
intercepted.
(ii) The details as to the particular offense that
has been, is being, or is about to be committed.
(iii) The particular type of communication to be
intercepted.
(iv) A showing that there is probable cause to
believe that such communication will be communicated on
the wire communication facility involved or at the
particular place where the oral communication is to be
intercepted.
(v) The character and location of the particular
wire communication facility involved or the particular
place where the oral communication is to be intercepted.
(vi) A statement of the period of time for which the
interception is required to be maintained, and, if the
character of the investigation is such that the
authorization for interception should not automatically
terminate when the described type of communication has
been first obtained, a particular statement of facts
establishing probable cause to believe that additional
communications of the same type will occur thereafter.
(vii) A particular statement of facts showing that
other normal investigative procedures with respect to the
offense have been tried and have failed, or reasonably
appear to be unlikely to succeed if tried or are too
dangerous to employ.
(4) Where the application is for the renewal or
extension of an order, a particular statement of facts
showing the results thus far obtained from the interception,
or a reasonable explanation of the failure to obtain such
results.
(5) A complete statement of the facts concerning all
previous applications, known to the applicant made to any
court for authorization to intercept a wire, electronic or
oral communication involving any of the same facilities or
places specified in the application or involving any person
whose communication is to be intercepted, and the action
taken by the court on each such application.
(6) A proposed order of authorization for consideration
by the judge.
(7) Such additional testimony or documentary evidence in
support of the application as the judge may require.
§ 5713. Emergency situations.
(a) Application.--Whenever, upon informal application by the
Attorney General or a designated deputy attorney general
authorized in writing by the Attorney General or a district
attorney or an assistant district attorney authorized in writing
by the district attorney of a county wherein [the interception
is to be made] the suspected criminal activity has been, is or
is about to occur, a judge determines there are grounds upon
which an order could be issued pursuant to this chapter, and
that an emergency situation exists with respect to the
investigation of an offense designated in section 5708 (relating
to order authorizing interception of wire, electronic or oral
communications), and involving conspiratorial activities
characteristic of organized crime or a substantial danger to
life or limb, dictating authorization for immediate interception
of wire, electronic or oral communications before an application
for an order could with due diligence be submitted to him and
acted upon, the judge may grant oral approval for such
interception without an order, conditioned upon the filing with
him, within 48 hours thereafter, of an application for an order
which, if granted, shall recite the oral approval and be
retroactive to the time of such oral approval. Such interception
shall immediately terminate when the communication sought is
obtained or when the application for an order is denied,
whichever is earlier. In the event no application for an order
is made, the content of any wire, electronic or oral
communication intercepted shall be treated as having been
obtained in violation of this subchapter.
* * *
Section 5. This act shall take effect in 60 days.
APPROVED--The 9th day of December, A. D. 2002.
MARK S. SCHWEIKER
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