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§ 3125. Aggravated indecent assault

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: February 14, 2003

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses (Refs & Annos)
Article B. Offenses Involving Danger to the Person (Refs & Annos)
Chapter 31. Sexual Offenses (Refs & Annos)
Subchapter B. Definition of Offenses (Refs & Annos)
Effective: February 14, 2003
18 Pa.C.S.A. § 3125
§ 3125. Aggravated indecent assault
(a) Offenses defined.--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 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.
(b) Aggravated indecent assault of a child.--A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age.
(c) Grading and sentences.--
(1) An offense under subsection (a) is a felony of the second degree.
(2) An offense under subsection (b) is a felony of the first degree.

Credits

1990, Feb. 2, P.L. 6, No. 4, § 5, effective in 60 days. Amended 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), § 9, effective in 60 days; 2002, Dec. 9, P.L. 1350, No. 162, § 2, effective in 60 days; 2002, Dec. 16, P.L. 1953, No. 226, § 1.1, effective in 60 days.
18 Pa.C.S.A. § 3125, PA ST 18 Pa.C.S.A. § 3125
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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