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Pennsylvania Aggravated Indecent Assault Law

§ 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

        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 penetration 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 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.

 

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