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Pennsylvania Consolidated Statutes - Crimes
and Offenses (Title 18) - Part II. Definition of Specific Offences.
Chapter 31- Sexual Offenses
Section 3123. Involuntary deviate sexual
intercourse
(a) Offense defined.--A person commits
a felony of the first degree when he or she 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;
6. who is less than 13 years of age; or
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) 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.
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