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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY KASUNIC, BOSCOLA, BREWSTER, KITCHEN, ORIE, RAFFERTY, STACK, TARTAGLIONE, WAUGH AND WOZNIAK, FEBRUARY 11, 2011 |
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| REFERRED TO JUDICIARY, FEBRUARY 11, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for simple assault. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Section 2701 of Title 18 of the Pennsylvania |
6 | Consolidated Statutes is amended to read: |
7 | § 2701. Simple assault. |
8 | (a) Offense defined.--A person is guilty of assault if he: |
9 | (1) attempts to cause or intentionally, knowingly or |
10 | recklessly causes bodily injury to another; |
11 | (2) negligently causes bodily injury to another with a |
12 | deadly weapon; |
13 | (3) attempts by physical menace to put another in fear |
14 | of imminent serious bodily injury; [or] |
15 | (4) conceals or attempts to conceal a hypodermic needle |
16 | on his person and intentionally or knowingly penetrates a law |
17 | enforcement officer or an officer or an employee of a |
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1 | correctional institution, county jail or prison, detention |
2 | facility or mental hospital during the course of an arrest or |
3 | any search of the person[.]; or |
4 | (5) intentionally or recklessly propels an object to |
5 | make contact with a moving vehicle which results in bodily |
6 | injury or temporary bodily impairment. |
7 | (b) Grading.--[Simple assault is a misdemeanor of the second |
8 | degree unless committed:] |
9 | (1) Simple assault under subsection (a)(1), (2), (3) or |
10 | (4) is a misdemeanor of the second degree unless committed in |
11 | a fight or scuffle entered into by mutual consent, in which |
12 | case it is a misdemeanor of the third degree[; or]. |
13 | (2) Simple assault under subsection (a)(1), (2), (3) or |
14 | (4) is a misdemeanor of the second degree unless committed |
15 | against a child under 12 years of age by an adult 21 years of |
16 | age or older, in which case it is a misdemeanor of the first |
17 | degree. |
18 | (3) Simple assault under subsection (a)(5) is a |
19 | misdemeanor of the first degree. |
20 | Section 2. This act shall take effect in 60 days. |
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