Pennsylvania Crimes Code / CHAPTER 31 – SEXUAL OFFENSES

Source: http://www.pitt.edu/~weinberg/sexual.htm

Pennsylvania Crimes Code

CHAPTER 31 – SEXUAL OFFENSES

Sec.

3101. Definitions.

3102. Mistake as to Age.

3103. (Repealed.)

3104. Evidence of Victim’s Sexual Conduct.

3105. Prompt Complaint.

3106. Testimony of Complainants.

3107. Resistance Not Required.

3121. Rape.

3122. (Repealed.)

3122.1. Statutory Sexual Assault.

3123. Involuntary Deviate Sexual Intercourse.

3124. (Repealed.)

3124.1. Sexual Assault.

3125. Aggravated Indecent Assault.

3126. Indecent Assault.

3127. Indecent Exposure.

3128. (Repealed.)

SUBCHAPTER A – GENERAL PROVISIONS

Section 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:

“Complainant.” An alleged victim of a crime under this
chapter.

“Deviate sexual intercourse.” Sexual intercourse per os
or per anus between human beings 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.

“Forcible compulsion.” Compulsion by use of physical,
intellectual, moral, emotional or psychological force,
either express or implied. The term includes, but is not
limited to, compulsion resulting in another person’s death,
whether the death occurred before, during or after sexual
intercourse.

“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.

(Chgd. by L.1990, Act 4(4); L.1995, Spec. Sess. 1, Act
10(1), eff. 5/30/95.)

Section 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.
(Chgd. by L.1995, Spec. Sess. 1, Act 10(1), eff.
5/30/95.)

Section 3103. (Repealed by L.1995, Spec. Sess. 1, Act
10(2), eff. 5/30/95.)

Section 3104. Evidence of Victim’s Sexual Conduct.

(a) General rule – Evidence of specific instances of the
alleged victim’s past sexual conduct, opinion evidence of
the alleged victim’s past sexual conduct, and reputation
evidence of the alleged victim’s past sexual conduct shall
not be admissible in prosecutions under this chapter except
evidence of the alleged victim’s past sexual conduct with
the defendant where consent of the alleged victim is at
issue and such evidence is otherwise admissible pursuant to
the rules of evidence.

(b) Evidentiary proceedings – A defendant who proposes
to offer evidence of the alleged victim’s past sexual
conduct pursuant to subsection (a) shall file a written
motion and offer of proof at the time of trial. If, at the
time of trial, the court determines that the motion and
offer of proof are sufficient on their faces, the court
shall order an in camera hearing and shall make findings on
the record as to the relevance and admissibility of the
proposed evidence pursuant to the standards set forth in
subsection (a).

Section 3105. Prompt Complaint.

Prompt reporting to public authority is not required in
a prosecution under this chapter: Provided, however, That
nothing in this section shall be construed to prohibit a
defendant from introducing evidence of the complainant’s
failure to promptly report the crime if such evidence would
be admissible pursuant to the rules of evidence. (Chgd.
by L.1995, Spec. Sess. 1, Act 10(3), eff. 5/30/95.)

Section 3106. Testimony of Complainants.

The credibility of a complainant of an offense under
this chapter shall be determined by the same standard as is
the credibility of a complainant of any other crime. The
testimony of a complainant need not be corroborated in
prosecutions under this chapter. No instructions shall be
given cautioning the jury to view the complainant’s
testimony in any other way than that in which all
complainants’ testimony is viewed. (Chgd. by L.1995,
Spec. Sess. 1, Act 10(3), eff. 5/30/95.)

Section 3107. Resistance Not Required.

The alleged victim need not resist the actor in
prosecutions under this chapter: Provided, however, That
nothing in this section shall be construed to prohibit a
defendant from introducing evidence that the alleged victim
consented to the conduct in question.

SUBCHAPTER B – DEFINITION OF OFFENSES

Section 3121. Rape.

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 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.

(Chgd. by L.1995, Spec. Sess. 1, Act 10(3), eff.
5/30/95.)

Section 3122. (Repealed by L.1995, Spec. Sess. 1, Act
10(4), eff. 5/30/95.)

Section 3122.1. Statutory Sexual Assault.

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. (Added by
L.1995, Spec. Sess. 1, Act 10(5), eff. 5/30/95.)

Section 3123. Involuntary Deviate Sexual Intercourse.

(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.

(Chgd. by L.1995, Spec. Sess. 1, Act 10(6), eff.
5/30/95.)

Section 3124. (Repealed by L.1995, Spec. Sess. 1, Act
10(7), eff. 5/30/95.).

Section 3124.1. Sexual Assault.

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. (Added by L.1995, Spec. Sess. 1, Act 10(8), eff.
5/30/95.)

Section 3125. Aggravated Indecent Assault.

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.

(Added by L.1990, Act 4(5); chgd. by L.1995, Spec. Sess.
1, Act 10(9), eff. 5/30/95.)

Section 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:

(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 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.

(Chgd. by L.1990, Act 4(6); L.1995, Spec. Sess. 1, Act
10(9), eff. 5/30/95.)

Section 3127. Indecent Exposure.

(a) Offense defined – A person commits indecent exposure
if that person exposes his or her genitals in any public
place or in any place where there are present other persons
under circumstances in which he or she knows or should know
that this conduct is likely to offend, affront or alarm.

(b) Grading – If the person knows or should have known
that any of the persons present are less than 16 years of
age, indecent exposure under subsection (a) is a
misdemeanor of the first degree. Otherwise, indecent
exposure under subsection (a) is a misdemeanor of the
second degree.

(Chgd. by L.1995, Spec. Sess. 1, Act 10(9), eff.
5/30/95.)

Section 3128. (Repealed by L.1995, Spec. Sess. 1, Act
10(10), eff. 5/30/95.)

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