Pennsylvania Act 1997-65 — CRIMES CODE (18 PA.C.S) - AMEND

Act text

CRIMES CODE (18 PA.C.S) - AMEND
                  Act of Dec. 19, 1997, P.L. 621, No. 65              Cl. 18
                             Session of 1997
                               No. 1997-65

     HB 1125

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, prohibiting unauthorized
        administration of an intoxicant; and providing for additional
        penalties for certain drug-induced rape.

        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:
      § 2714.  Unauthorized administration of intoxicant.
        A person commits a felony of the third degree when, with the
     intent to commit an offense under section 3121(a)(4) (relating
     to rape), 3123(a)(4) (relating to involuntary deviate sexual
     intercourse), 3125(5) (relating to aggravated indecent assault)
     or 3126(a)(5) (relating to indecent assault), he or she
     substantially impairs the complainant's power to appraise or
     control his or her conduct by administering, without the
     knowledge of the complainant, drugs or other intoxicants.
        Section 2.  Section 3121 of Title 18 is amended to read:
      § 3121.  Rape.
        (a)  Offense defined.--A person commits a felony of the first
     degree when he or she 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.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 19th day of December, A. D. 1997.

     THOMAS J. RIDGE