Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 6402 (2026)

Definitions.

✓ current as of May 2026

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§ 6402. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Act of sexual violence." Any conduct prohibited under the following provisions of law:

(1) 18 Pa.C.S. § 3121 (relating to rape).

(2) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

(3) 18 Pa.C.S. § 3124.1 (relating to sexual assault).

(4) 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

(5) 18 Pa.C.S. § 3126 (relating to indecent assault).

(6) 18 Pa.C.S. § 4302 (relating to incest).

"Board." The board as defined in section 6302 (relating to definitions).

"County solicitor." The solicitor appointed by the county commissioners or a similar body in home rule counties.

"Department." The Department of Public Welfare of the Commonwealth.

"Mental abnormality." A congenital or acquired condition of a person affecting the person's emotional or volitional capacity.

"Sexually violent delinquent child." A person who has been found delinquent for an act of sexual violence which if committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault), 3126 (relating to indecent assault) or 4302 (relating to incest) and who has been determined to be in need of commitment for involuntary treatment under this chapter.

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.

Cross References. Section 6402 is referred to in sections 6358, 9799.12, 9799.24, 9799.58 of this title.

Notes of Decisions

Cited in 6 cases, 2007–2020 · leading case: In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).

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In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007). · cites it 3× “” 42 Pa.C.S. § 6402. The Board must provide its assessment to the Court of Common Pleas.”

In the Interest of: T.B., a Minor (Pa. Super. Ct. 2016). · cites it 5× “____________________________________________ 2 See 42 Pa.C.S. § 6402 (defining “mental abnormality” as “a congenital or acquired condition of a person affecting the person’s emotional or volitional capacity”).”

In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007). · cites it 3× “" 42 Pa.C.S. § 6402. The Board must provide its assessment to the Court of Common Pleas.”

In re: H.R., a minor (Pa. 2020). · cites it 2× “” 42 Pa.C.S. §6402. [J-102-2019] - 2 which results in serious difficulty in controlling sexually violent behavior.”

In Re: J.S., Appeal of: J.S. (Pa. Super. Ct. 2019). “42 Pa.C.S. §§ 6402, 6403(d). See In re K.”

In the Interest of: J.S., a Minor (Pa. Super. Ct. 2014). “” 42 Pa.C.S. § 6402. A mental abnormality is defined as “[a] congenital or acquired condition of a person affecting the person's emotional or volitional capacity.”

— 42 Pa. Cons. Stat. § 6402(b) — 3 cases

In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007). “” 42 Pa.C.S. § 6402. The Board must provide its assessment to the Court of Common Pleas.”

In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007). “" 42 Pa.C.S. § 6402. The Board must provide its assessment to the Court of Common Pleas.”

In the Interest of: T.B., a Minor (Pa. Super. Ct. 2016). “____________________________________________ 2 See 42 Pa.C.S. § 6402 (defining “mental abnormality” as “a congenital or acquired condition of a person affecting the person’s emotional or volitional capacity”).”

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