Pennsylvania Act 1990-4 — CRIMES CODE (18 PA.C.S.) - AMEND

Act text

CRIMES CODE (18 PA.C.S.) - AMEND
                    Act of Feb. 2, 1990, P.L. 6, No. 4                Cl. 18
                             Session of 1990
                                No. 1990-4

     HB 1120

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for aggravated
        assault; providing for the offense of aggravated indecent
        assault; further defining the term "deviate sexual
        intercourse"; and further providing for indecent assault and
        for offenses against children.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2702 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 2702.  Aggravated assault.
        (a)  Offense defined.--A person is guilty of aggravated
     assault if he:
            (1)  attempts to cause serious bodily injury to another,
        or causes such injury intentionally, knowingly or recklessly
        under circumstances manifesting extreme indifference to the
        value of human life;
            (2)  attempts to cause or intentionally, knowingly or
        recklessly causes serious bodily injury to a police officer
        [or], firefighter, county adult probation or parole officer,
        county juvenile probation or parole officer or an agent of
        the Pennsylvania Board of Probation and Parole in the
        performance of duty or to an employee of an agency, company
        or other entity engaged in public transportation, while in
        the performance of duty;
            (3)  attempts to cause or intentionally or knowingly
        causes bodily injury to a police officer [or], firefighter or
        county adult probation or parole officer, county juvenile
        probation or parole officer or an agent of the Pennsylvania
        Board of Probation and Parole in the performance of duty;
            (4)  attempts to cause or intentionally or knowingly
        causes bodily injury to another with a deadly weapon; or
            (5)  attempts to cause or intentionally or knowingly
        causes bodily injury to a teaching staff member, school board
        member, other employee or student of any elementary or
        secondary publicly-funded educational institution, any
        elementary or secondary private school licensed by the
        Department of Education or any elementary or secondary
        parochial school while acting in the scope of his or her
        employment or because of his or her employment relationship
        to the school.
        (b)  Grading.--Aggravated assault under subsection (a)(1) and
     (2) is a felony of the first degree. Aggravated assault under
     subsection (a)(3), (4) and (5) is a felony of the second degree.
        Section 2.  Section 2908 of Title 18 is amended by adding a
     subsection to read:
      § 2908.  Missing children.
        * * *
        (a.1)  Unidentified deceased children.--Law enforcement
     agencies and coroners shall, with respect to unidentified
     deceased children, have the duty to make an entry into the
     Unidentified Deceased Person File through the Commonwealth Law
     Enforcement Assistance Network (CLEAN) in accordance with
     Pennsylvania State Police policy and procedures immediately upon
     observing or receiving any descriptive information on an
     unidentified deceased child.
        * * *
        Section 3.  Title 18 is amended by adding sections to read:
      § 2909.  Concealment of whereabouts of a child.
        (a)  Offense defined.--A person who removes a child from the
     child's known place of residence with the intent to conceal the
     child's whereabouts from the child's parent or guardian, unless
     concealment is authorized by court order or is a reasonable
     response to domestic violence or child abuse, commits a felony
     of the third degree. For purposes of this subsection, the term
     "removes" includes personally removing the child from the
     child's known place of residence, causing the child to be
     removed from the child's known place of residence, preventing
     the child from returning or being returned to the child's known
     place of residence and, when the child's parent or guardian has
     a reasonable expectation that the person will return the child,
     failing to return the child to the child's known place of
     residence.
        (b)  Application.--A person may be convicted under subsection
     (a) if either of the following apply:
            (1)  The acts that initiated the concealment occurred in
        this Commonwealth.
            (2)  The offender or the parent or guardian from whom the
        child is being concealed resides in this Commonwealth.
      § 2910.  Luring a child into a motor vehicle.
        A person who lures a child into a motor vehicle without the
     consent, express or implied, of the child's parent or guardian,
     unless the circumstances reasonably indicate that the child is
     in need of assistance, commits a misdemeanor of the first
     degree.
        Section 4.  Section 3101 of Title 18 is amended 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:
        "Deviate sexual intercourse."  Sexual intercourse per os or
     per anus between human beings who are not husband and wife,
     except as provided in section 3128 (relating to spousal sexual
     assault), and any form of sexual intercourse with an animal. The
     term also includes penetration, however slight, of the genitals
     or anus of another person with a foreign object for any purpose
     other than good faith medical, hygienic or law enforcement
     procedures.
        "Foreign object."  Includes any physical object not a part of
     the actor's body.
        "Indecent contact."  Any touching of the sexual or other
     intimate parts of the person for the purpose of arousing or
     gratifying sexual desire, in either person.
        "Sexual intercourse."  In addition to its ordinary meaning,
     includes intercourse per os or per anus, with some penetration
     however slight; emission is not required.
        Section 5.  Title 18 is amended by adding a section to read:
      § 3125.  Aggravated indecent assault.
        Except as provided in sections 3121 (relating to rape), 3122
     (relating to statutory rape) and 3123 (relating to involuntary
     deviate sexual intercourse), a person commits a felony of the
     second degree when he engages in penetration, however slight, of
     the genitals or anus of another with a part of the actor's body
     for any purpose other than good faith medical, hygienic or law
     enforcement procedures if:
            (1)  he does so without the consent of the other person;
            (2)  he knows that the other person suffers from a mental
        disease or defect which renders him or her incapable of
        appraising the nature of his or her conduct;
            (3)  he knows that the other person is unaware that the
        indecent contact is being committed;
            (4)  he has substantially impaired the other person's
        power to appraise or control his or her conduct by
        administering or employing, without the knowledge of the
        other, drugs, intoxicants or other means for the purpose of
        preventing resistance;
            (5)  the other person is in custody of law or detained in
        a hospital or other institution and the actor has supervisory
        or disciplinary authority over him; or
            (6)  he is over 18 years of age and the other person is
        under 14 years of age.
        Section 6.  Sections 3126 and 5902(e) of Title 18 are amended
     to read:
      § 3126.  Indecent assault.
        (a)  Offense defined.--A person who has indecent contact with
     another not his spouse, or causes such other to have indecent
     contact with him, is guilty of indecent assault[, a misdemeanor
     of the second degree,] if:
            (1)  he does so without the consent of the other person;
            (2)  he knows that the other person suffers from a mental
        disease or defect which renders him or her incapable of
        appraising the nature of his or her conduct;
            (3)  he knows that the other person is unaware that a
        indecent contact is being committed;
            (4)  he has substantially impaired the other person's
        power to appraise or control his or her conduct[,] by
        administering or employing without the knowledge of the other
        drugs, intoxicants or other means for the purpose of
        preventing resistance; [or]
            (5)  the other person is in custody of law or detained in
        a hospital or other institution and the actor has supervisory
        or disciplinary authority over him[.]; or
            (6)  he is over 18 years of age and the other person is
        under 14 years of age.
        (b)  Grading.--Indecent assault under subsection (a)(6) is a
     misdemeanor of the first degree. Otherwise, indecent assault is
     a misdemeanor of the second degree.
      § 5902.  Prostitution and related offenses.
        * * *
        (e)  Patronizing prostitutes.--A person commits a summary
     offense if he hires a prostitute who is 16 years of age or older
     to engage in sexual activity with him, or if he enters or
     remains in a house of prostitution for the purpose of engaging
     in sexual activity. A person commits a misdemeanor of the third
     degree if the person hires a prostitute who is under 16 years of
     age, whether or not the person is aware of the age of the child.
        * * *
        Section 7.  This act shall take effect in 60 days.

     APPROVED--The 2nd day of February, A. D. 1990.

     ROBERT P. CASEY