Consent Laws
Pennsylvania

Pennsylvania does not specifically define “consent.”  However, a person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:

• By forcible compulsion;
• By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
• Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;
• 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; or
• Who suffers from a mental disability which renders the complainant incapable of consent. 
• Who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.

18 Pa.C.S.A. § 3121; § 3123.

“Forcible compulsion” is defined as “compulsion by use of physical, intellectual, moral, emotional or psychological force, either express or implied. The term includes, but is not limited to, compulsion resulting in another person’s death, whether the death occurred before, during or after sexual intercourse.”  18 Pa.C.S.A. § 3101.

No.

16 years old. 18 Pa.C.S.A. § 3122.1.

Mistake of Age Defense – It is no defense that the defendant did not know the age of the child or reasonably believed the child to be the age of 14 years or older whenever criminality of conduct depends on a child being below the age of 14 years. However, when criminality depends on the child's being below a critical age older than 14 years, it is a defense for the defendant to prove by a preponderance of the evidence that he or she reasonably believed the child to be above the critical age. 18 Pa.C.S.A. § 3102.

A person commits the offense of rape of a child when the person engages in sexual intercourse with a complainant who is less than 13 years of age. 18 Pa.C.S.A. § 3121(c).

A person commits involuntary deviate sexual intercourse with a child, a felony of the first degree, when the person engages in deviate sexual intercourse with a complainant who is less than 13 years of age. 18 Pa.C.S.A. § 3123(b).

It is aggravated indecent assault of a child in the second degree if the complainant is less than 13 years of age or the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other. 18 Pa.C.S.A. § 3125(a)(7), (a)(8), (c)(1).

It is aggravated indecent assault of a child in the first degree if the complainant is less than 13 years of age and if: (1) the person does so without the complainant's consent; (2) the person does so by forcible compulsion; (3) the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; (4) the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring; (5) 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; or (6) the complainant suffers from a mental disability which renders him or her incapable of consent. 18 Pa.C.S.A. § 3125.

It is deviate sexual intercourse in the first degree if the complainant is under 16 and the person is four or more years older than the complainant and the complainant and person are not married to one another. 18 Pa.C.S.A. § 3123(a)(7).

No, it only impacts severity of the punishment.

It is second degree statutory sexual assault if the complainant is under the age of 16 years, is not married to the defendant, and the defendant is either (1) four years older but less than eight years older than the complainant or (2) eight years older but less than 11 years older than the complainant. 18 Pa.C.S.A. § 3122.1(a).

It is first degree statutory sexual assault if the complainant is under the age of 16 years and defendant is 11 or more years older than the complainant and the complainant and the person are not married to each other. 18 Pa.C.S.A. § 3122.1(b)

It is deviate sexual intercourse in the first degree if the victim is under 16 and the person is four or more years older than the complainant and the complainant and the person are not married to each other.  18 Pa.C.S.A. § 3123(a)(7).

It is indecent assault or aggravated indecent assault for certain acts if the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other. 18 Pa.C.S.A. § 3125(a)(8) & 3126(a)(8).

No.

Yes. It is rape to have sexual intercourse with a complainant who suffers from a mental disability which renders the complainant incapable of consent. 18 Pa.C.S.A. § 3121(a)(5).

It is indecent assault or aggravated indecent assault for certain acts if the complainant suffers from a mental disability which renders him or her incapable of consent. 18 Pa.C.S.A. §§ 3125(a)(6) and 3126(a)(6).

It is deviate sexual intercourse in the first degree if the complainant suffers from a mental disability which renders him or her incapable of consent. 18 Pa.C.S.A. § 3123(a)(5).

Yes. It is rape to have sexual intercourse with a complainant who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring. 18 Pa.C.S.A. § 3121(a)(3).

It is indecent assault or aggravated indecent assault for certain activities if the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring or if 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. 18 Pa.C.S.A. §§ 3125(a)(4-5) and 3126(a)(4-5).

It is deviate sexual intercourse in the first degree if the complainant is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring or 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. 18 Pa.C.S.A. § 3123(a)(4).

Yes. It is rape to have sexual intercourse with a complainant who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring. 18 Pa.C.S.A. § 3121(a)(3).

It is indecent assault or aggravated indecent assault for certain activities if the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring or if 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. 18 Pa.C.S.A. §§ 3125(a)(4-5) and 3126(a)(4-5).

It is deviate sexual intercourse in the first degree if the complainant is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring or 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. 18 Pa.C.S.A. § 3123(a)(3), (a)(4).

Yes. It is rape to have sexual intercourse 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.  18 Pa.C.S.A. § 3121(a)(4).

It is indecent assault or aggravated indecent assault for certain activities if the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring or if 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. 18 Pa.C.S.A. §§ 3125(a)(4-5) and 3126(a)(4-5).

It is deviate sexual intercourse in the first degree if the complainant is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring or 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. 18 Pa.C.S.A. § 3123(a)(3), (a)(4).

Yes.

• Institutional employee:
• A person who is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, patient or resident, and commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse, or indecent contact with an inmate, detainee, patient or resident who is under 18 years of age. 18 Pa.C.S.A. § 3124.2(a.1).
• School employee or volunteer:
• A person who is a volunteer or an employee of a school or any other person who has direct contact with a student at a school commits a felony of the third degree when he engages in sexual intercourse, deviate sexual intercourse or indecent contact with a student of the school. 18 Pa.C.S.A. § 3124.2(a.2).
• Children center employee or volunteer:
• A person who is a volunteer or an employee of a center for children commits a felony of the third degree when he engages in sexual intercourse, deviate sexual intercourse or indecent contact with a child who is receiving services at the center. 18 Pa.C.S.A. § 3124.2(a.3).
• Peace officers:
• A person who is a peace officer commits a felony of the third degree when the person engages in sexual intercourse, deviate sexual intercourse or indecent contact with a child who is under official detention or in the custody of the person or is a confidential informant of the person. 18 Pa.C.S.A. § 3124.2(a.4)(2).
• Caretakers:
  • A person who is a caretaker commits a felony of the third degree if the caretaker engages in sexual intercourse, deviate sexual intercourse or indecent contact with a care-dependent person who receives care, services or treatment in or from a facililty unless the victim and defendant are spouses, persons living as spouses or current sexual or intimate partners whose relationship preexisted the caretaking relationship. 18 Pa.C.S.A. § 3124.2(a.6)(1-2).
• Sports official in a sports program:
• A person who serves as a sports official in a sports program of a nonprofit association or a for-profit association commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with a child under 18 years of age who is participating in a sports program of the nonprofit association or for-profit association. 18 Pa.C.S.A. § 3124.3(a).
• Nonprofit volunteer or employee who has contact with youth:
  • A volunteer or an employee of a nonprofit association having direct contact with a child under 18 years of age who participates in a program or activity of the nonprofit association commits a felony of the third degree if the volunteer or employee engages in sexual intercourse, deviate sexual intercourse or indecent contact with that child. 18 Pa.C.S.A. § 3124.3(b).

Yes. Commonwealth v. Rhodes, 510 A.2d 1217 (1986) (“Effective consent to sexual intercourse will negate a finding of forcible compulsion.”); 18 Pa.C.S.A. § 3107 (“The alleged victim need not resist the actor in prosecutions under this chapter: Provided, however, That nothing in this section shall be construed to prohibit a defendant from introducing evidence that the alleged victim consented to the conduct in question.”); 18 Pa.C.S.A. § 311 (“The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense”).

Consent is not a defense to institutional sexual assault when the person is an institutional employee, a school employee or volunteer, a children center employee or volunteer, a peace officer, or a caretaker. 18 Pa.C.S.A. § 3124.2(a.1-a.4 and a.6).

No. Commonwealth v. Plank, 478 A.2d 872 (1984) (“an actor should not be insulated from criminal liability for acts which result from a mental state that is voluntarily self-induced”) (quoting Commonwealth v. Hicks, 396 A.2d 1183, 1186 (Pa. 1979)).