§ 2718. Strangulation
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: December 27, 2016
Effective: December 27, 2016
18 Pa.C.S.A. § 2718
§ 2718. Strangulation
(iii) in conjunction with sexual violence as defined in 42 Pa.C.S. § 62A03 (relating to definitions) or conduct constituting a crime under section 2709.1 (relating to stalking) or Subchapter B1 of Chapter 30 (relating to prosecution of human trafficking).
(i) at the time of commission of the offense, the defendant is subject to an active protection from abuse order under 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or a sexual violence or intimidation protection order under 42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual violence or intimidation) that covers the victim;
“Care-dependent person.” An adult who, due to physical or cognitive disability or impairment, requires assistance to meet his needs for food, shelter, clothing, personal care or health care.
“Caretaker.” Any person who:
(1) Is an owner, operator, manager or employee of any of the following:
(i) A nursing home, personal care home, assisted living facility, private care residence or domiciliary home.
(ii) A community residential facility or intermediate care facility for a person with mental disabilities.
(iii) An adult daily living center.
(iv) A home health service provider whether licensed or unlicensed.
(v) An entity licensed under the act of July 19, 1979 (P.L. 130, No. 48),2 known as the Health Care Facilities Act.
(2) Provides care to a care-dependent person in the settings described under paragraph (1).
(3) Has an obligation to care for a care-dependent person for monetary consideration in the settings described under paragraph (1).
(4) Is an adult who resides with a care-dependent person and who has a legal duty to provide care or who has voluntarily assumed an obligation to provide care because of a familial relationship, contract or court order.
(5) Is an adult who does not reside with a care-dependent person but who has a legal duty to provide care or who has affirmatively assumed a responsibility for care or who has responsibility by contract or court order.
“Legal entity.” An individual, partnership, unincorporated association, corporation or governing authority.
“Private care residence.”
(1) A private residence:
(i) in which the owner of the residence or the legal entity responsible for the operation of the residence, for monetary consideration, provides or assists with or arranges for the provision of food, room, shelter, clothing, personal care or health care in the residence, for a period exceeding 24 hours, to fewer than four care-dependent persons who are not relatives of the owner; and
(ii) which is not required to be licensed as a long-term care nursing facility, as defined in section 802.13 of the Health Care Facilities Act.
(2) The term does not include:
(i) Domiciliary care as defined in section 2202-A of the act of April 9, 1929 (P.L. 177, No. 175),4 known as The Administrative Code of 1929.
(ii) A facility which provides residential care for fewer than four care-dependent adults and which is regulated by the Department of Human Services.
Credits
2016, Oct. 26, P.L. 888, No. 111, § 1, effective in 60 days [Dec. 27, 2016].
18 Pa.C.S.A. § 2718, PA ST 18 Pa.C.S.A. § 2718
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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