2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 31 - Sexual Offenses
3123 - Involuntary deviate sexual intercourse.

     § 3123.  Involuntary deviate sexual intercourse.
        (a)  Offense defined.--A person commits a felony of the first
     degree when the person 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; or
            (6)  (Deleted by amendment).
            (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)  Involuntary deviate sexual intercourse with a child.--A
     person commits involuntary deviate sexual intercourse with a
     child, a felony of the first degree, when the person engages in
     deviate sexual intercourse with a complainant who is less than
     13 years of age.
        (c)  Involuntary deviate sexual intercourse with a child with
     serious bodily injury.--A person commits an offense under this
     section with a child resulting in serious bodily injury, a
     felony of the first degree, when the person violates this
     section and the complainant is less than 13 years of age and the
     complainant suffers serious bodily injury in the course of the
     offense.
        (d)  Sentences.--Notwithstanding the provisions of section
     1103 (relating to sentence of imprisonment for felony), a person
     convicted of an offense under:
            (1)  Subsection (b) shall be sentenced to a term of
        imprisonment which shall be fixed by the court at not more
        than 40 years.
            (2)  Subsection (c) shall be sentenced up to a maximum
        term of life imprisonment.
        (e)  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.
     (Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec.
     9, 2002, P.L.1350, No.162, eff. 60 days; Dec. 16, 2002,
     P.L.1953, No.226, eff. 60 days)

        2002 Amendments.  Act 226 overlooked the amendment by Act
     162, but the amendments do not conflict in substance (except for
     the designation of the offenses in subsecs. (b) and (c) as
     felonies of the first degree, as to which Act 162 has been given
     effect) and both have been given effect in setting forth the
     text of section 3123.
        Effective Date.  After February 6, 2003, and before February
     14, 2003, section 3123 will reflect only the amendment by Act
     162, as follows:
        § 3123.  Involuntary deviate sexual intercourse.
            (a)  Offense defined.--A person commits a felony of the
        first degree when the person 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; or
                (6)  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.
            (c)  Involuntary deviate sexual intercourse with a
        child.--A person commits a felony of the first degree when
        the person engages in deviate sexual intercourse with a
        complainant who is less than 13 years of age.
            (d)  Involuntary deviate sexual intercourse with a child
        with serious bodily injury.--A person commits a felony of the
        first degree when the person engages in deviate 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.
            (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.
        Cross References.  Section 3123 is referred to in sections
     2709.1, 2714, 3124.1, 3124.2, 3125, 3141, 5708, 6105, 9122 of
     this title; sections 5303, 6344, 6711 of Title 23 (Domestic
     Relations); sections 5552, 6302, 6358, 6402, 6403, 9717, 9718,
     9720.2, 9795.1, 9795.4, 9802 of Title 42 (Judiciary and Judicial
     Procedure); sections 3903, 7122 of Title 61 (Prisons and
     Parole).