§ 3121. Rape
(a) Offense defined.--A person commits a felony of the first degree when he or she
engages in sexual intercourse with a complainant:
1. By forcible compulsion.
2. By threat of forcible compulsion that would prevent resistance by a person of
reasonable resolution.
3. Who is unconscious or where the person knows that the complainant is unaware that
the sexual intercourse is occurring.
4. 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.
5. Who suffers from a mental disability which renders the complainant incapable of
consent.
6. Who is less than 13 years of age.
(b) Additional penalties.--In addition to the penalty provided for by subsection (a), a
person may be sentenced to an additional term not to exceed ten years' confinement and
an additional amount not to exceed $100,000 where the person engages in sexual
intercourse with a complainant and 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, any substance for the purpose of preventing resistance
through the inducement of euphoria, memory loss and any other effect of
this substance.
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§ 3122.1. Statutory sexual assault
Except as provided in section 3121 (relating to rape), a person commits a felony of the
second degree when that person engages in sexual intercourse with a complainant under
the age of 16 years and that person is four or more years older than the complainant and
the complainant and the person are not married to each other.