§ 3124.1. Sexual assault.
Except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary
deviate sexual intercourse), a person commits a felony of the second degree when that
person engages in sexual intercourse or deviate sexual intercourse with a complainant
without the complainant's consent.
(Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)
1995 Amendment. Act 10, 1st Sp.Sess., added section 3124.1. Section 18 of Act 10, 1st Sp.Sess., provided
that section 3124.1 shall apply to offenses committed on or after the effective date
of Act 10.
Cross References. Section 3124.1 is referred to in sections 3124.2, 3124.3, 3125, 3141, 5702, 5708,
9122, 9158 of this title; sections 4321, 5329, 6303, 6304, 6344 of Title 23 (Domestic
Relations); sections 5551, 5552, 6302, 6307, 6308, 6358, 6402, 6403, 9799.14, 9799.24,
9799.53, 9799.55, 9799.58 of Title 42 (Judiciary and Judicial Procedure); section
6139 of Title 61 (Prisons and Parole).
Notes of Decisions
Com. v. Cramer, R., III, 195 A.3d 594 (Pa. Super. Ct. 2018).
· cites it 2× “" 18 Pa.C.S. § 3124.1. The Crimes Code similarly defines Indecent Assault as occurring when the defendant, without the consent of the complainant, "has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes…”
Commonwealth v. Kelley, 801 A.2d 551 (Pa. 2002).
· cites it 4× “We granted review limited to the conclusion of the Superior Court that evidence of digital penetration can sustain a charge of sexual assault, 18 Pa.C.S. § 3124.1. 1 More- succinctly, we examine if the Superior Court erred in finding that evidence of digital penetration can…”
Commonwealth v. Gonzalez, 109 A.3d 711 (Pa. Super. Ct. 2015).
· cites it 2× “” 18 Pa.C.S. § 3124.1. Resistance to the sexual assault is not a requisite for sustaining a conviction for sexual assault.”
Commonwealth v. Dillon, 925 A.2d 131 (Pa. 2007).
· cites it 2× “[7] 18 Pa.C.S. § 3124.1. [8] 18 Pa.C.S. § 2902.”
Commonwealth v. Martin, 101 A.3d 706 (Pa. 2014).
· cites it 2× “§ 3121(c) [rape of a child] or as an element of the crime of sexual assault in 18 Pa.C.S. § 3124.1 [sexual assault]? II.”
Commonwealth v. Gehris, 54 A.3d 862 (Pa. Commw. Ct. 2012).
· cites it 3× “18 Pa.C.S. § 3124.1 (relating to sexual assault).”
In the Interest of J.M., 89 A.3d 688 (Pa. Super. Ct. 2014).
· cites it 3× “The juvenile court determined that Appellant violated 18 Pa.C.S. §§ 3124.1 and 3125(a)(1). Section 3124.”
Commonwealth v. Buffington, 828 A.2d 1024 (Pa. 2003).
· cites it 2× “18 Pa.C.S. § 3124.1. Upon examining the included elements of each offense, the trial court determined that sexual intercourse or deviate sexual intercourse is common to rape, involuntary deviate sexual intercourse, and sexual assault.”
Aguilar v. Attorney Gen. of the United States, 663 F.3d 692 (3rd Cir. 2011).
· cites it 3× “Victor Aguilar petitions for review of a decision of the Board of Immigration Appeals (“BIA”) ordering that he be removed because he was convicted of “sexual assault” under 18 Pa. Cons.Stat. § 3124.1 (“§ 3124.1”), which the BIA determined was a crime of violence under 18 U.”
Commonwealth v. Diaz, 152 A.3d 1040 (Pa. Super. Ct. 2016).
“See 18 Pa.C.S. §§ 3124.1 and 3125(a)(1). . We note Justice Nigro filed a Dissenting Opinion, joined by Justice Zappala, in which he concluded "[t]he victim’s ability to recount details of this episode in her testimony demonstrates that she was not ‘unconscious’.”
— 18 Pa. Cons. Stat. § 3124.1(a) — 1 case
— 18 Pa. Cons. Stat. § 3124.1(b) — 1 case
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