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He who covers his sins will not prosper,\n but whoever confesses and forsakes them will have mercy. Pr 28\n\n2010 Pennsylvania Code\nTitle 18 - CRIMES AND OFFENSES\nChapter 31 - Sexual Offenses \n3121 - Rape.\n\n SUBCHAPTER B\n DEFINITION OF OFFENSES\n\n \n \n (a) Offense defined.--A person commits a felony of the first\n degree when the person engages in sexual intercourse with a\n complainant:\n (1) By forcible compulsion.\n (2) By threat of forcible compulsion that would prevent\n resistance by a person of reasonable resolution.\n (3) Who is unconscious or where the person knows that\n the complainant is unaware that the sexual intercourse is\n occurring.\n (4) Where the person has substantially impaired the\n complainant's power to appraise or control his or her conduct\n by administering or employing, without the knowledge of the\n complainant, drugs, intoxicants or other means for the\n purpose of preventing resistance.\n (5) Who suffers from a mental disability which renders\n the complainant incapable of consent.\n (6) (Deleted by amendment).\n (b) Additional penalties.--In addition to the penalty\n provided for by subsection (a), a person may be sentenced to an\n additional term not to exceed ten years' confinement and an\n additional amount not to exceed $100,000 where the person\n engages in sexual intercourse with a complainant and has\n substantially impaired the complainant's power to appraise or\n control his or her conduct by administering or employing,\n without the knowledge of the complainant, any substance for the\n purpose of preventing resistance through the inducement of\n euphoria, memory loss and any other effect of this substance.\n (c) Rape of a child.--A person commits the offense of rape\n of a child, a felony of the first degree, when the person\n engages in sexual intercourse with a complainant who is less\n than 13 years of age.\n (d) Rape of a child with serious bodily injury.--A person\n commits the offense of rape of a child resulting in serious\n bodily injury, a felony of the first degree, when the person\n violates this section and the complainant is under 13 years of\n age and suffers serious bodily injury in the course of the\n offense.\n (e) Sentences.--Notwithstanding the provisions of section\n 1103 (relating to sentence of imprisonment for felony), a person\n convicted of an offense under:\n (1) Subsection (c) shall be sentenced to a term of\n imprisonment which shall be fixed by the court at not more\n than 40 years.