Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
Purdon’s Pennsylvania Consolidated Statutes Annotated (by West Group)
Title 18 Crimes and Offenses §2701-3900 (2000)
DANGER TO PERSONS SEXUAL OFFENSES
18 Pa.C.S.A.
§3102. Mistake as to age
Except as otherwise provided, whenever in this chapter the criminality of conduct depends on a child being below the age of 14 years it is no defense that the defendant did not know the age of the child or reasonably believed the child to be the age of 14 years or older. When criminality depends on the child’s being below a critical age older than 14 years, it is a defense for the defendant to prove by a preponderance of the evidence that he or she reasonably believed the child to be above the critical age.
§3121. Rape (pg 220)
(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 eh 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 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.
§ 3122.1. Statutory sexual assault (pg 310)
Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.
§ 3123. Involuntary deviate sexual intercourse (pg 311-312)
(a) Offense defined. – a person commits a felony of the
first degree when he or she 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;
(6) who is less than 13 years of age; or
(7) 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.
§ 3124.1. Sexual assault (pg 337,338)
Except as provided in section 3121 (relating to rape) or 3123 (relating
to involuntary deviate sexual intercourse), a person commits a felony of the
second degree when that person engages in sexual intercourse or deviate sexual
intercourse with a complainant without the complainant’s consent.
§ 3125. Aggravated indecent assault (pg 339,340)
Except as provided in sections 3121 (relating to rape), 3122.1 (relating
to statutory sexual assault), 3123 (relating to involuntary deviate sexual
intercourse) and 3121.1 (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 he complainant is unaware that he 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.
§ 3126. Indecent assault (pg 341)
(a) Offense defined.- A person who ahs indecent
contact with the complainant or cause s the complainant to have indecent
contact with the person is guilt of indecent assault if:
(1) the person does so without the complainant’s
consent;
(2) the person des so by forcible compulsion;
(3) the person does so by thereat 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 he 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 form 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) Grading.- Indecent assault under subsection (a)(7) is a
misdemeanor of the first degree. Otherwise, indecent assault is a misdemeanor
of the second degree.
§ 4302. Incest (pg 275)
A person is guilt of incest, a misdemeanor of the first degree, if he knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood. The relationships referred to in this section include blood relationships without regard to legitimacy, and relationship of parent and child by adoption.
Purdon Pa.C.S.A.
18 Crimes and Offenses §5301-6500 (2000)
Chapter 63
Minors
§ 6301 Corruption of minors (pg 441)
(a) Offense defined. -
(1) Whoever, being of the age of 18 years and upwards, by any act corrupt or tends to corrupt the morals of any minor less than 18 years of age, or who aids, abets, entices or encourages any such minor in the commission of any crime, or who knowingly assists or encourages such minor in violating his or her parole or any order of court, commits a misdemeanor of the first degree.
(2) Any person who knowingly aids, abets, entices or
encourages a minor younger than 18 years of age to commit truancy commits a
summary offense. Any person who violates this paragraph within one year of the
date of a first conviction under this section commits a misdemeanor of the
third degree. A conviction under this paragraph shall not, however, constitute
a prohibition under section 6105 (relating person not to possess, use,
manufacture, control, sell or transfer firearms).
(b) Adjudication of delinquency unnecessary. – A
conviction under the provisions of this section may be held whether or not the
jurisdiction of any juvenile court has attached or shall thereafter attach to
such minor or whether or not such minor has been adjudicated a delinquent or
shall thereafter be adjudicated a delinquent.
(c) Presumptions. – In trials and hearings upon charges
of violating the provisions of this section, knowledge of the minor’s age and
of the court’s orders and decrees concerning such minor shall be presumed in
the absence of proof to the contrary.
(d) Mistake at to age. –
(1) Whenever in this section the criminality of conduct
depends upon the corruption of a minor whose actual age is under 16 years, it
is no defense that the actor did not know the age of the minor or reasonably
believed the minor to be older than 18 years.
(2) Whenever in this section the criminality of conduct
depends upon the corruption of a minor whose actual age I s16 years or more but
less than 18 years, it is a defense for the actor to prove by a preponderance
of the evidence that he reasonably believed the minor to be 18 years or older.
Crimes and Offenses
18 Pa.C.S.A.
Miscellaneous Offenses
§ 6302. Sexual exploitation of children (pg 500)
(a) Offense defined. – A person commits the
offense of sexual exploitation of children if he procures for another person a child
under 18 years of age for the purpose of sexual exploitation.
(b) Penalty – An offense under this section is a felony of the
second degree.
(c) Definitions. – As used in this section, the following words
and phrases shall have the meanings give n to them in this subsection:
“Procure.” To obtain or make available for sexual exploitation.
“Sexual exploitation.” Actual or simulated sexual activity or nudity
arranged for the purpose of sexual stimulation or gratification of any person.
Purdon’s Pennsylvania Statutes Annotated and Pennsylvania
Consolidated
Judiciary and Judicial Procedure §5301-5900 (2004, West, A Thompson Business)
42 Pa.C.S.A.
Actions, Proceedings, ETC.
§ 5551. No limitation applicable (pg 716)
A prosecution for the following offenses may be commenced at any time:
(1) Murder.
(2) Voluntary manslaughter.
(3) Conspiracy to commit murder or solicitation to
commit murder if a murder results from the conspiracy or solicitation.
(4) Any felony alleged to have been perpetrated in
connection with a murder of the first or second degree, as set forth in
Pa.C.S.A. § 2502(a) or (b) and (d)
(relating to murder).
(5) A violation of 75 Pa.C.S.A. § 3742 (relating to
accident involving death or personal injury) or 3732 (relating to homicide by
vehicle) if the accused was the river of a vehicle involved in an accident
resulting in the death of any person.
§ 5552 Other offenses (pg 717,720)
(a) General rule.- Except as otherwise provided
in this subchapter a prosecution for an offense must be commenced within two
years after it is committed.
(b) Major offenses. – A prosecution for any of the
following offenses must be commenced within five years after it is committed:
(1) Under the following provisions of Title 18
(relating to crimes and offenses):
Section 901 (relating to criminal attempt) involving attempt to commit
murder where no murder occurs.
Section 902 (relating to criminal solicitation) involving attempt to
commit murder where no murder occurs.
Section 903 (relating to criminal conspiracy) involving conspiracy to commit murder where no murder occurs.
Section 911 (relating to corrupt organizations).
Section 2702 (relating to aggravated assault).
Section 2706 (relating to terroristic threats).
Section 2901 (relating to kidnapping).
Section 3301 (relating to arson and related offenses).
Section 3502 (relating to burglary).
Section 3701 (relating to robbery).
Section 3921 (relating to theft by unlawful taking or disposition)
through section 3933 (relating to unlawful use of computer).
Section 4101 (relating to forgery).
Section 4107 (relating to deceptive or fraudulent business practices).
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 4701 (relating to bribery in official and political matters)
through section 4703 (relating to retaliation for past official action).
Section 4902 (relating to perjury) through section 4912 (relating to
impersonating a public servant).
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 5512 (relating to lotteries, etc.) through section 5514
(relating to pool selling and bookmaking).
Section 5902(b) (relating to prostitution and related offenses).
(2) Any offense punishable under section 13(f) of the
act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance
Drug, Device and Cosmetic Act.
(3) Any conspiracy to commit any of the offenses set
forth in paragraphs (1) and (2) and any solicitation to commit any of the
offenses in paragraphs (1) and (2) if the solicitation result in the completed
offense.
(4) Under the act of June 13, 1967 (P.L. 31, No. 21),
known as the Public Welfare Code.
(5) 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.
(b.1) Major sexual offenses. – A prosecution for any of
the following offenses must be commenced within 12 years after it is commited:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual
assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent
assault).
Section 4302 (relating to incest).
Section 6312 (relating to sexual abuse of children).
(c) Exceptions.- If the period prescribed in subsection (a),
(b) or (b.1) has expired, a prosecution may nevertheless be commenced for:
(1) Any offense a material element of which is either
fraud or a breach of fiduciary obligation within one year after discover of the
offense by an aggrieved party or by a person who has legal duty to represent an
aggrieved party and who is himself not a part to the offense, but in no case
shall this paragraph extend the period of limitation otherwise applicable by
more than tree years.
(2) Any offense committed by a public officer or
employee in the course of or in connection with his office or employment at any
time when the defendant is in public office or employment or within five years
thereafter, but in no case shall this paragraph extend the period of limitation
otherwise applicable by more than eight years.
(3) Any sexual offense committed against a minor who is
less than 18 years of age any time up to the period of limitation provided by
law after the minor has reached 18 years of age. As used in this paragraph, the
term “sexual offense” means a crime under the following provisions of Title 18
(relating to crimes and offenses):
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual
assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent
assault).
Section 4302 (relating to incest).
Section 4304 (relating to endangering welfare of children).
Section 6301 (relating to corruption of minors).
Section 6312 (b) relating to sexual abuse of
children).
(d) Commission of offense. – An offense is committed
either when every element occurs, or, if a legislative purpose to prohibit a
continuing course of conduct plainly appears, at the time when the course of
conduct or complicity of the defendant therein is terminated. Time starts to
run on the day after the offense is committed.
(e) Commencement of prosecution. – Except as otherwise
provided by general rule adopted pursuant to section 5503 (relating to
commencement of matters), a prosecution is commenced either when an indictment
is found or an information under section 8931(b) (relating to indictment and
information) is issued, or when a warrant, summons or citation is issued, If
such warrant, summons or citation is executed without unreasonable delay.
42 Pa.C.S.A. § 5552:
(c.1) Genetic identification evidence.--Notwithstanding any provision
of law to the contrary, if evidence of a misdemeanor sexual offense set forth
in subsection (c)(3) or a felony offense is obtained containing human
deoxyribonucleic acid (DNA) which is subsequently used to identify an otherwise
unidentified individual as the perpetrator of the offense, the prosecution of
the offense may be commenced within the period of limitations provided for the
offense or one year after the identity of the individual is determined,
whichever is later.(WestLaw)
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Revised 6/05