Pennsylvania Act 2002-162 — CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS

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