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Old 11-25-2002, 05:39 PM   #3
MaggieL
in the Hour of Scampering
 
Join Date: Jan 2001
Location: Jeffersonville PA (15 mi NW of Philadelphia)
Posts: 4,060
<i>§ 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.</i>
[Note: This section was enacted by the legislature to reverse the holding in Commonwealth v. Berkowitz, ___ Pa. ___, 641 A.2d 1161 (1994), wherein the Pennsylvania Supreme Court had held that the rape statute required proof of physical force as an element of the offense.]
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