Except as otherwise provided, whenever in this chapter the criminality of conduct depends on a child being below the age of 14 years, 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. 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.
(May 18, 1976, P.L.120, No.53, eff. 30 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)
1995 Amendment. Section 18 of Act 10, 1st Sp.Sess., provided that the amendment of section 3102 shall apply to offenses committed on or after the effective date of Act 10.
Cross References. Section 3102 is referred to in section 3018 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Section 3102 - Mistake as to age
Section 3103 - Spouse relationships (Repealed)
Section 3104 - Evidence of victim's sexual conduct
Section 3105 - Prompt complaint
Section 3106 - Testimony of complainants
Section 3107 - Resistance not required
Section 3122 - Statutory rape (Repealed)
Section 3122.1 - Statutory sexual assault
Section 3123 - Involuntary deviate sexual intercourse
Section 3124 - Voluntary deviate sexual intercourse (Repealed)
Section 3124.1 - Sexual assault
Section 3124.2 - Institutional sexual assault
Section 3124.3 - Sexual assault by sports official, volunteer or employee of nonprofit association
Section 3125 - Aggravated indecent assault
Section 3126 - Indecent assault
Section 3127 - Indecent exposure
Section 3128 - Spousal sexual assault (Repealed)
Section 3129 - Sexual intercourse with animal
Section 3130 - Conduct relating to sex offenders
Section 3131 - Unlawful dissemination of intimate image
Section 3132 - Female mutiliation
Section 3133 - Sexual extortion
Section 3142 - Process and seizure (Repealed)