Current through Register Vol. 54, No. 38, September 21, 2024
As used in this chapter:
(1) "abuse" means the occurrence of one or
more of the following acts between family or household members, sexual or
intimate partners or persons who share biological parenthood:
(a) attempting to cause or intentionally,
knowingly or recklessly causing bodily injury, serious bodily injury, rape,
involuntary deviate sexual intercourse, sexual assault, statutory sexual
assault, aggravated indecent assault, indecent assault or incest with or
without a deadly weapon.
(b)
placing another in reasonable fear of imminent serious bodily injury.
(c) the infliction of false imprisonment
pursuant to
18 Pa.C.S. §
2903
(relating to false imprisonment).
(d) physically or sexually abusing minor
children, including such terms as defined in Chapter 63 of the Domestic
Relations Code (relating to child protective services).
(e) knowingly engaging in a course of conduct
or repeatedly committing acts toward another person, including following the
person, without proper authority, under circumstances which place the person in
reasonable fear of bodily injury. This definition applies only to proceedings
commenced under the Domestic Relations Code and is inapplicable to any criminal
prosecutions commenced under Title 18 (relating to crimes and
offenses).
(2) "adult"
means an individual who is 18 years of age or older.
(3) "court" means:
(a) the court of common pleas of the judicial
district in which the office of the hearing officer taking action under these
rules is located in actions brought under the Protection from Abuse Act,
23 Pa.C.S. §§ 6101-6122,
or
(b) the court or magisterial
district judge having jurisdiction over the matter in actions brought pursuant
to Section 62A09 of Title 42,
42 Pa.C.S. § 62A 09
(providing for protection of victims of sexual violence or
intimidation).
(4)
"family or household members" means spouses or persons who have been spouses,
persons living as spouses or who lived as spouses, parents and children, other
persons related by consanguinity or affinity, current or former sexual or
intimate partners or persons who share biological parenthood.
(5) "hearing officer" means a magisterial
district judge, judge of the Philadelphia Municipal Court, arraignment court
magistrate appointed under
42 Pa.C.S. §
1123
(relating to jurisdiction and venue), master appointed under
42 Pa.C.S. §
1126
(relating to masters), and master for emergency relief appointed under
23 Pa.C.S. §
6110(e) or
42 Pa.C.S. § 62A09(e)
(relating to master for emergency relief).
(6) "intimidation" means conduct constituting
a crime under either of the following provisions between persons who are not
family or household members:
(a)
18 Pa.C.S. §
2709(a)(4), (5), (6) or
(7) (relating to harassment) where the
conduct is committed by a person 18 years of age or older against a person
under 18 years of age.
(b)
18 Pa.C.S. §
2709.1
(relating to stalking) where the conduct is committed by a person 18 years of
age or older against a person under 18 years of age.
(7) "minor" means an individual who is not an
adult.
(8) "sexual violence" means
conduct constituting a crime under any of the following provisions between
persons who are not family or household members:
(a) 18 Pa.C.S. Ch. 31 (relating to sexual
offenses), except
18 Pa.C.S. §§
3129
(relating to sexual intercourse with animal) and 3130 (relating to conduct
relating to sex offenders).
(b)
18 Pa.C.S. §
4304
(relating to endangering welfare of children) if the offense involved sexual
contact with the victim.
(c)
18 Pa.C.S. §
6301(a)(1)(ii) (relating to
corruption of minors).
(d)
18 Pa.C.S. §
6312(b) (relating to sexual
abuse of children).
(e)
18 Pa.C.S. §
6318
(relating to unlawful contact with minor).
(f)
18 Pa.C.S. §
6320
(relating to sexual exploitation of children).
(9) "victim" means a person who is a victim
of abuse, sexual violence or intimidation.
