2010 Pennsylvania Code
Chapter 31 - Sexual Offenses
3125 - Aggravated indecent assault.

     § 3125.  Aggravated indecent assault.
        (a)  Offenses defined.--Except as provided in sections 3121
     (relating to rape), 3122.1 (relating to statutory sexual
     assault), 3123 (relating to involuntary deviate sexual
     intercourse) and 3124.1 (relating to sexual assault), a person
     who engages in penetration, however slight, of the genitals or
     anus of a complainant with a part of the person's body for any
     purpose other than good faith medical, hygienic or law
     enforcement procedures commits aggravated indecent assault if:
            (1)  the person does so without the complainant's
            (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
            (4)  the complainant is unconscious or the person knows
        that the complainant is unaware that the penetration is
            (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 him or her 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)  Aggravated indecent assault of a child.--A person
     commits aggravated indecent assault of a child when the person
     violates subsection (a)(1), (2), (3), (4), (5) or (6) and the
     complainant is less than 13 years of age.
        (c)  Grading and sentences.--
            (1)  An offense under subsection (a) is a felony of the
        second degree.
            (2)  An offense under subsection (b) is a felony of the
        first degree.
     (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; Dec. 9, 2002, P.L.1350,
     No.162, eff. 60 days; Dec. 16, 2002, P.L.1953, No.226, eff. 60

        2002 Amendments.  The amendments by Acts 162 and 226 are
     identical and therefore have been merged.
        Prior Provisions.  Former section 3125, which related to
     corruption of minors, was added December 6, 1972, P.L.1482,
     No.334, and repealed July 1, 1978, P.L.573, No.104, effective in
     60 days.
        Cross References.  Section 3125 is referred to in sections
     2714, 3124.2, 3141, 5708, 6105, 9122 of this title; sections
     5303, 6344 of Title 23 (Domestic Relations); sections 5552,
     6302, 6358, 6402, 6403, 9718, 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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