Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 3101 (2026)

Definitions.

✓ current as of May 2026

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CHAPTER 31

SEXUAL OFFENSES

Subchapter

A. General Provisions

B. Definition of Offenses

C. Loss of Property Rights

Enactment. Chapter 31 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References. Chapter 31 is referred to in sections 3104, 3502, 5743.1, 6301, 6318 of this title; section 8801 of Title 20 (Decedents, Estates and Fiduciaries); section 3103 of Title 23 (Domestic Relations); sections 1726.1, 5750, 5920, 5985.1, 5987, 5993, 62A03, 9718.1, 9912 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice); section 3113 of Title 63 (Professions and Occupations (State Licensed)).

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

3101. Definitions.

3102. Mistake as to age.

3103. Spouse relationships (Repealed).

3104. Evidence of victim's sexual conduct.

3105. Prompt complaint.

3106. Testimony of complainants.

3107. Resistance not required.

§ 3101. Definitions.

Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Complainant." An alleged victim of a crime under this chapter.

"Deviate sexual intercourse." Sexual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal. The term also includes penetration, however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures.

"Forcible compulsion." Compulsion by use of physical, intellectual, moral, emotional or psychological force, either express or implied. The term includes, but is not limited to, compulsion resulting in another person's death, whether the death occurred before, during or after sexual intercourse.

"Foreign object." Includes any physical object not a part of the actor's body.

"Indecent contact." Any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, in any person.

"Serious bodily injury." As defined in section 2301 (relating to definitions).

"Sexual intercourse." In addition to its ordinary meaning, includes intercourse per os or per anus, with some penetration however slight; emission is not required.

(Dec. 21, 1984, P.L.1210, No.230, eff. 60 days; Feb. 2, 1990, P.L.6, No.4, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days; Dec. 16, 2002, P.L.1953, No.226, eff. 60 days; Dec. 18, 2013, P.L.1163, No.105, eff. Jan. 1, 2014)

2013 Amendment. Act 105 amended the def. of "indecent contact."

2002 Amendments. Act 162 added the def. of "serious bodily injury" and Act 226 added the def. of "serious bodily injury." The amendments by Acts 162 and 226 are identical and therefore have been merged.

Cross References. Section 3101 is referred to in sections 3133, 5902, 5903, 6312 of this title; sections 5533, 6302, 9720.5 of Title 42 (Judiciary and Judicial Procedure).

Notes of Decisions

Cited in 225 cases (76 in the last 5 years), 1975–2026 · leading case: Commonwealth v. Kelley, 801 A.2d 551 (Pa. 2002).

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Commonwealth v. Kelley, 801 A.2d 551 (Pa. 2002). · cites it 6× “Deviate sexual intercourse is “[s]exual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal.”

Com. v. Faison, W., 297 A.3d 810 (Pa. Super. Ct. 2023). · cites it 4× “” 18 Pa.C.S. § 3101. We conclude Appellant’s sentence is not illegal.”

Commonwealth v. Hawkins, 614 A.2d 1198 (Pa. Super. Ct. 1992). · cites it 14× “See 18 Pa.C.S. §§ 3101, 3123, 901. Hawkins was acquitted of the rape charge.”

Com. v. Lawrence, D., 313 A.3d 265 (Pa. Super. Ct. 2024). · cites it 2× “18 Pa.C.S. § 3101. This Court has determined that evidence of oral contact between a defendant’s genitalia and the victim’s mouth is sufficient to warrant a conviction of IDSI.”

Nelida Cabeda v. Attorney Gen. United States, 971 F.3d 165 (3rd Cir. 2020). · cites it 3× “” The term “deviate sexual intercourse” is in turn defined in 18 Pa. Cons. Stat. § 3101 as “[s]exual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal.”

Commonwealth v. Tighe, 184 A.3d 560 (Pa. Super. Ct. 2018). · cites it 2× “(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. 18 Pa.C.S. § 3126. Additionally, "indecent contact" is defined to include "[a]ny touching of the…”

Gregory Ricks v. D. Shover, 891 F.3d 468 (3rd Cir. 2018). “" 18 Pa. Cons. Stat. §§ 3101 ; 3124.2. Thus, while the "consistency of the direction of change" towards outlawing such contact assures us that our society no longer accepts sexual abuse, that change does not oblige us to constitutionalize "every malevolent touch.”

United States v. Andrew F. Galo, 239 F.3d 572 (3rd Cir. 2001). · cites it 3× “"Indecent contact” is defined in 18 Pa. Cons. Stat. Ann. § 3101 as "[a]ny touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person.”

Commonwealth v. Brown, 159 A.3d 531 (Pa. Super. Ct. 2017). · cites it 2× “18 Pa.C.S. § 3101. 5 Accordingly, both statutes prohibit intercourse per os or per anus with a child less than 13 years of age.”

Commonwealth v. Castelhun, 889 A.2d 1228 (Pa. Super. Ct. 2005). · cites it 2× “, who was less than 16 years of age at the time of the offenses, and that the two were not married to each other.”

Commonwealth v. Ogrod, 839 A.2d 294 (Pa. 2003). · cites it 2× “18 Pa.C.S. § 3101; Commonwealth v. Perrin, 484 Pa.”

Commonwealth v. Gonzalez, 109 A.3d 711 (Pa. Super. Ct. 2015). “” 18 Pa.C.S. § 3101. This Court has observed “forcible compulsion” as the exercise of sheer physical force or violence and has also come to mean an act of using superior force, physical, moral, psychological or intellectual to compel a person to do a thing against that person’s…”

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