Home Table of Contents

§ 3121. Rape

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
Effective: February 14, 2003
18 Pa.C.S.A. § 3121
§ 3121. Rape
(a) Offense defined.--A person commits a felony of the first degree when the person 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) Deleted by 2002, Dec. 9, P.L. 1350, No. 162, § 2, effective in 60 days.
(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 the 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.
(c) Rape of a child.--A person commits the offense of rape of a child, a felony of the first degree, when the person engages in sexual intercourse with a complainant who is less than 13 years of age.
(d) Rape of a child with serious bodily injury.--A person commits the offense of rape of a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense.
(e) Sentences.--Notwithstanding the provisions of section 1103 (relating to sentence of imprisonment for felony), a person convicted of an offense under:
(1) Subsection (c) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.
(2) Subsection (d) shall be sentenced up to a maximum term of life imprisonment.

Credits

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1984, Dec. 21, P.L. 1210, No. 230, § 1, effective in 60 days; 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), § 3, effective in 60 days; 1997, Dec. 19, P.L. 622, No. 65, § 2, 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.
JT. ST. GOVT. COMM. COMMENT--1967
Rape, including “statutory rape,” is defined and penalized under existing law in Section 721 of The Penal Code of 1939 (18 P.S. § 4721), as amended by Act No. 1, Special Session No. 3 of 1966, approved May 12, 1966. The requirement under existing law that there be some penetration, however slight, is retained. See Section 3101.
Rape is restricted to “classic” rape cases, i.e., where the woman is subdued by violence or threat of violence. Subsection (2) extends existing law by making the conduct rape if the woman submits because of threat of violence, etc. No distinction is made between actual force and threat of force.
Penalty: Reduced from life to 20 years.
HISTORICAL AND STATUTORY NOTES
Act 1995-10 (SS1) legislation
The 1995 amendment rewrote the section, which formerly read:
“A person commits a felony of the first degree when he engages in sexual intercourse with another person not his spouse:
“(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
“(4) who is so mentally deranged or deficient that such person is incapable of consent.
“Whenever the term ‘rape’ is used in this title or any other title, it is deemed to include spousal sexual assault as further defined in section 3128 (relating to spousal sexual assault).”
Section 18 of Act 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1) provides that the amendment of this section shall apply to offenses committed on or after the effective date of this act.
Act 1997-65 legislation
The 1997 amendment designated the former text as subsec. (a) and added subsec. (b).
Act 2002-162 legislation
Act 2002-162, § 2, in subsec. (a), in the introductory paragraph, substituted “the person engages” for “he or she engages”; deleted subsec. (a)(6), which read:
“(6) Who is less than 13 years of age.”
; and added subsecs. (c) to (e), designating the offenses in subsecs. (c) and (d) as felonies of the first degree.
Act 2002-226 legislation
Act 2002-226, § 1.1, in subsec. (a), in the introductory paragraph, substituted “the person engages” for “he or she engages”; included former subsec. (a)(6), without reference to its deletion by Act 2002-162; and added subsecs. (c) to (e), without designation of the offenses in subsecs. (c) and (d) as felonies of the first degree.
Act 2002-226 overlooks the amendment by Act 2002-162. The Pennsylvania Legislative Reference Bureau has determined that the amendments do not conflict in substance and has given effect to both Acts in setting forth the text of this section, except for the designation of the offenses in subsecs. (c) and (d) as felonies of the first degree, as to which Act 2002-162 has been given effect.
Text of subsec. (c) as affected by Act 2002-162, effective Feb. 6, 2003 and until Feb. 14, 2003, provided:
“(c) Rape of a child.--A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant who is less than 13 years of age.”
Text of subsec. (c) as affected by Act 2002-162 and Act 2002-226, effective Feb. 14, 2003, provided:
“(c) Rape of a child.--A person commits the offense of rape of a child, a felony of the first degree, when the person engages in sexual intercourse with a complainant who is less than 13 years of age.”
Text of subsec. (d) as affected by Act 2002-162, effective Feb. 6, 2003 and until Feb. 14, 2003, provided:
“(d) Rape of a child with serious bodily injury.--A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant who is less than 13 years of age and the complainant suffers serious bodily injury in the course of the offense.”
Text of subsec. (d) as affected by Act 2002-162 and Act 2002-226, effective Feb. 14, 2003, provided:
“(d) Rape of a child with serious bodily injury.--A person commits the offense of rape of a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense.”
Uniform Law:
This section is based upon § 213.1 of the Model Penal Code. See Uniform Laws Annotated, Master Edition, or Uniform Laws Annotated on Westlaw.
Prior Laws:
1939, June 24, P.L. 872, § 721 (18 P.S. § 4721).
1966, Spec.Sess. No. 3, May 12, P.L. 84, § 1.
18 Pa.C.S.A. § 3121, PA ST 18 Pa.C.S.A. § 3121
Current through 2019 Regular Session Act 118. Some statute sections may be more current, see credits for details.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.