He who covers his sins will not prosper,
but whoever confesses and forsakes them will have mercy. Pr 28
2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 31 - Sexual Offenses
3121 - Rape.
SUBCHAPTER B
DEFINITION OF OFFENSES
(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.
(6) (Deleted by amendment).
(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 the offense of rape
of a child, 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 the offense of rape of a child resulting in serious
bodily injury, a felony of the first degree, when the person
violates this section and the complainant is under 13 years of
age and 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.