act-2005-0-76•Pennsylvania Act 2005-76 — CRIMES CODE (18 PA.C.S.) - INDECENT ASSAULT
Pennsylvania Act 2005-76 — CRIMES CODE (18 PA.C.S.) - INDECENT ASSAULT
act-2005-0-762005 Pa. Act 76Law
Act text
CRIMES CODE (18 PA.C.S.) - INDECENT ASSAULT
Act of Nov. 23, 2005, P.L. 412, No. 76 Cl. 18
Session of 2005
No. 2005-76
HB 1400
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for indecent
assault.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3126 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3126. Indecent assault.
(a) Offense defined.--A [person who has indecent contact
with the complainant or causes the complainant to have indecent
contact with the] person is guilty of indecent assault if the
person has indecent contact with the complainant, causes the
complainant to have indecent contact with the person or
intentionally causes the complainant to come into contact with
seminal fluid, urine or feces for the purpose of arousing sexual
desire in the person or the complainant and:
(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 indecent contact 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] the complainant 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) Grading.--Indecent assault [under subsection (a)(7) is a
misdemeanor of the first degree. Otherwise, indecent assault is
a misdemeanor of the second degree.] shall be graded as follows:
(1) An offense under subsection (a)(1) or (8) is a
misdemeanor of the second degree.
(2) An offense under subsection (a)(2), (3), (4), (5) or
(6) is a misdemeanor of the first degree.
(3) An offense under subsection (a)(7) is a misdemeanor
of the first degree unless any of the following apply, in
which case it is a felony of the third degree:
(i) It is a second or subsequent offense.
(ii) There has been a course of conduct of indecent
assault by the person.
(iii) The indecent assault was committed by touching
the complainant's sexual or intimate parts with sexual or
intimate parts of the person.
(iv) The indecent assault is committed by touching
the person's sexual or intimate parts with the
complainant's sexual or intimate parts.
Section 2. This act shall take effect in 60 days.
APPROVED--The 22nd day of November, A. D. 2005.
EDWARD G. RENDELL
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