§ 3121. Rape.
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/pa/title-18/chapter-31/3121-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 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 1111, 2709.1, 2714, 3122.1, 3124.1, 3124.2, 3124.3, 3125, 3141, 5702, 5708, 6105, 9122, 9123, 9158 of this title; sections 4321, 5329, 6303, 6304, 6344, 6702, 6711 of Title 23 (Domestic Relations); sections 5551, 5552, 6302, 6358, 6402, 6403, 9717, 9718, 9720.2, 9799.12, 9799.14, 9799.17, 9799.24, 9799.55, 9799.58 of Title 42 (Judiciary and Judicial Procedure); sections 6139, 7122 of Title 61 (Prisons and Parole).
18c3122s