2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3124.2 - Institutional sexual assault

§ 3124.2. Institutional sexual assault.
(a) General rule.--
Except as provided under subsection (a.1) and in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault) and 3125 (relating to aggravated indecent assault), a person who is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, another person being supervised by that person under probation or parole supervision, patient or resident.
(a.1) Institutional sexual assault of a minor.--
A person who is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth or mental health or mental retardation facility or institution commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, another person being supervised by that person under probation or parole supervision, detainee, patient or resident who is under 18 years of age.
(a.2) Schools.--
(1) Except as provided in sections 3121, 3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an employee of a school or any other person who has direct contact with a student at a school commits a felony of the third degree when he engages in sexual intercourse, deviate sexual intercourse or indecent contact with a student of the school.
(2) As used in this subsection, the following terms shall have the meanings given to them in this paragraph:
(i) "Direct contact." Care, supervision, guidance or control.
(ii) "Employee."
(A) Includes:
(I) A teacher, a supervisor, a supervising principal, a principal, an assistant principal, a vice principal, a director of vocational education, a dental hygienist, a visiting teacher, a home and school visitor, a school counselor, a child nutrition program specialist, a school librarian, a school secretary the selection of whom is on the basis of merit as determined by eligibility lists, a school nurse, a substitute teacher, a janitor, a cafeteria worker, a bus driver, a teacher aide and any other employee who has direct contact with school students.
(II) An independent contractor who has a contract with a school for the purpose of performing a service for the school, a coach, an athletic trainer, a coach hired as an independent contractor by the Pennsylvania Interscholastic Athletic Association or an athletic trainer hired as an independent contractor by the Pennsylvania Interscholastic Athletic Association.
(B) The term does not include:
(I) A student employed at the school.
(II) An independent contractor or any employee of an independent contractor who has no direct contact with school students.
(iii) "School." A public or private school, intermediate unit or area vocational-technical school.
(iv) "Volunteer." The term does not include a school student.
(a.3) Child care.--
Except as provided in sections 3121, 3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an employee of a center for children commits a felony of the third degree when he engages in sexual intercourse, deviate sexual intercourse or indecent contact with a child who is receiving services at the center.
(a.4) Peace officers.--
(1) Except as provided under sections 3121, 3122.1, 3123, 3124.1 and 3125, a person who is a peace officer or employee of an agency employing a peace officer in his official capacity commits a felony of the third degree when the person engages in sexual intercourse, deviate sexual intercourse or indecent contact with another person who is under official detention or in the custody of the person or is a confidential informant of the person.
(2) A person who is a peace officer commits a felony of the third degree when the person engages in sexual intercourse, deviate sexual intercourse or indecent contact with a child who is under official detention or in the custody of the person or is a confidential informant of the person.
(a.5) Consent not a defense.--
Consent is not a defense to a violation of subsection (a), (a.1), (a.2), (a.3), (a.4) or (a.6).
(a.6) Caretakers.--
(1) Except as provided in paragraph (2) and in sections 3121, 3122.1, 3123, 3124.1 and 3125, a caretaker commits a felony of the third degree if the caretaker engages in sexual intercourse, deviate sexual intercourse or indecent contact with a care-dependent person who receives care, services or treatment in or from a facility.
(2) Paragraph (1) does not apply if the victim and defendant are spouses, persons living as spouses or current sexual or intimate partners whose relationship preexisted the caretaker relationship.
(3) As used in this subsection, the following terms shall have the meanings given to them in this paragraph:
(i) "Care-dependent person." An adult who, due to physical or cognitive disability or impairment, requires assistance to meet the needs for food, shelter, clothing, personal care or health care.
(ii) "Caretaker." A person who is any of the following:
(A) An owner, operator, manager or employee of a facility.
(B) An individual who provides care to a care-dependent person in a facility.
(C) An individual who has an obligation to provide care to a care-dependent person for monetary consideration in a facility.
(D) An individual who does not reside with a care-dependent person but who, with respect to the care-dependent person, has:
(I) a legal duty to provide care;
(II) affirmatively assumed a responsibility to provide care; or
(III) responsibility by contract or court order to provide care.
(iii) "Facility." Any of the following:
(A) A nursing home, personal care home, assisted living facility, private care residence or the care-dependent person's residence.
(B) A community residential facility or intermediate care facility for an individual with a mental disability.
(C) An adult daily living center.
(D) A home health care agency.
(E) A health care facility, as defined in section 802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.
(iv) "Private care residence." A private residence, including a domiciliary care home:
(A) In which the owner of the residence or the legal entity responsible for the operation of the residence, for monetary consideration, provides or assists with or arranges for the provision of food, room, shelter, clothing, personal care or health care in the residence, for a period exceeding 24 hours, to fewer than four care-dependent persons who are not relatives of the owner.
(B) That is not:
(I) required to be licensed as a long-term care nursing facility, as defined in section 802.1 of the Health Care Facilities Act; and
(II) specified in subparagraph (iii)(A).
(b) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Agent."
A person who is assigned to work in a State or county correctional or juvenile detention facility, a youth development center, youth forestry camp, other licensed residential facility serving children and youth or mental health or mental retardation facility or institution, who is employed by any State or county agency or any person employed by an entity providing contract services to the agency.
"Center for children."
Includes a child day-care center, group and family day-care home, boarding home for children, a center providing early intervention and drug and alcohol services for children or other facility which provides child-care services which are subject to approval, licensure, registration or certification by the Department of Public Welfare or a county social services agency or which are provided pursuant to a contract with the department or a county social services agency. The term does not include a youth development center, youth forestry camp, State or county juvenile detention facility and other licensed residential facility serving children and youth.
"Child."
An individual who is less than 18 years of age.
"Confidential informant."
An individual who engages in the activity of associating with persons engaged in criminal activity for the purpose of furnishing information to or acting as an agent for a law enforcement agency.
"Custody."
The term includes a traffic stop, a custodial interrogation or an interview conducted in connection with an investigation.
"Official detention."
As that term is defined in section 5121 (relating to escape).
(Dec. 21, 1998, P.L.1240, No.157, eff. 60 days; May 10, 2000, P.L.38, No.12, eff. imd.; Dec. 20, 2011, P.L.446, No.111, eff. 60 days; July 23, 2020, P.L.641, No.63, eff. 60 days; July 11, 2022, P.L.722, No.61, eff. 60 days)
2022 Amendment.
Act 61 amended subsec. (a.5) and added subsec. (a.6).
2020 Amendment.
Act 63 amended subsecs. (a), (a.1) and (b) and added subsecs. (a.4) and (a.5).
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
Section 27 of Act 16 of 2019 provided that a reference in statute or regulation to "area vocational-technical school" shall be deemed a reference to "area career and technical school," and a reference in statute or regulation to "vocational curriculums" shall be deemed a reference to "career and technical curriculums."
Cross References.
Section 3124.2 is referred to in section 9158 of this title; sections 4321, 5329, 6303 of Title 23 (Domestic Relations); sections 5551, 5552, 9799.14, 9799.53, 9799.55 of Title 42 (Judiciary and Judicial Procedure); section 6139 of Title 61 (Prisons and Parole).