2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 31 - Sexual Offenses
3121 - Rape.


                               SUBCHAPTER B
                          DEFINITION OF OFFENSES

     Sec.
     3121.  Rape.
     3122.  Statutory rape (Repealed).
     3122.1. Statutory sexual assault.
     3123.  Involuntary deviate sexual intercourse.
     3124.  Voluntary deviate sexual intercourse (Repealed).
     3124.1. Sexual assault.
     3124.2. Institutional sexual assault.
     3125.  Aggravated indecent assault.
     3126.  Indecent assault.
     3127.  Indecent exposure.
     3128.  Spousal sexual assault (Repealed).
     3129.  Sexual intercourse with animal.
     3130.  Conduct relating to sex offenders.
     § 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 amendment).
        (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.
     (Dec. 21, 1984, P.L.1210, No.230, eff. 60 days; Mar. 31, 1995,
     1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 19, 1997,
     P.L.621, No.65, 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. (c) and (d) 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 3121.
        Effective Date.  After February 6, 2003, and before February
     14, 2003, section 3121 will reflect only the amendment by Act
     162, as follows:
        § 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.
            (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 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 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.
            (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 3121 is referred to in sections
     2709.1, 2714, 3122.1, 3124.1, 3124.2, 3125, 3141, 5708, 6105,
     9122 of this title; section 3304 of Title 5 (Athletics and
     Sports); sections 5303, 6344, 6702, 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).

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