2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 31 - Sexual Offenses
3126 - Indecent assault.

     § 3126.  Indecent assault.
        (a)  Offense defined.--A person is guilty of indecent assault
     if the person has indecent contact with the complainant, causes
     the complainant to have indecent contact with the person or
     intentionally causes the complainant to come into contact with
     seminal fluid, urine or feces for the purpose of arousing sexual
     desire in the person or the complainant and:
            (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 indecent contact 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 the complainant 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)  Grading.--Indecent assault shall be graded as follows:
            (1)  An offense under subsection (a)(1) or (8) is a
        misdemeanor of the second degree.
            (2)  An offense under subsection (a)(2), (3), (4), (5) or
        (6) is a misdemeanor of the first degree.
            (3)  An offense under subsection (a)(7) is a misdemeanor
        of the first degree unless any of the following apply, in
        which case it is a felony of the third degree:
                (i)  It is a second or subsequent offense.
                (ii)  There has been a course of conduct of indecent
            assault by the person.
                (iii)  The indecent assault was committed by touching
            the complainant's sexual or intimate parts with sexual or
            intimate parts of the person.
                (iv)  The indecent assault is committed by touching
            the person's sexual or intimate parts with the
            complainant's sexual or intimate parts.
     (May 18, 1976, P.L.120, No.53, eff. 30 days; Feb. 2, 1990,
     P.L.6, No.4, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985,
     No.10, eff. 60 days; Nov. 23, 2005, P.L.412, No.76, eff. 60
     days)

        Cross References.  Section 3126 is referred to in sections
     2714, 3141, 9122 of this title; section 3304 of Title 5
     (Athletics and Sports); sections 5303, 6344 of Title 23
     (Domestic Relations); sections 5552, 6302, 6358, 6402, 6403,
     9795.1, 9795.4, 9802 of Title 42 (Judiciary and Judicial
     Procedure); section 2303 of Title 44 (Law and Justice); section
     7122 of Title 61 (Prisons and Parole).

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