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Pennsylvania Consolidated Statutes - Crimes
and Offenses (Title 18) - Part II. Definition of Specific Offences.
Chapter 31- Sexual Offenses
Section 3126. Indecent assault
(a) Offense defined.--A person who has
indecent contact with the complainant or causes the complainant to
have indecent contact with the person is guilty of 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 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
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) Grading.--Indecent assault under subsection
(a)(7) is a misdemeanor of the first degree. Otherwise, indecent assault
is a misdemeanor of the second degree.
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