Pennsylvania Act 2005-76 — CRIMES CODE (18 PA.C.S.) - INDECENT ASSAULT

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