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§ 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 (Refs & Annos)
Effective: February 14, 2003
18 Pa.C.S.A. § 3121
§ 3121. Rape
Currentness
(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.
18 Pa.C.S.A. § 3121, PA ST 18 Pa.C.S.A. § 3121
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document