42 Pa. C.S. § 62A03

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 62A03 - Definitions

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Adult." An individual who is 18 years of age or older.

"Certified copy." A paper copy of the original order of the issuing court endorsed by the appropriate clerk of that court or an electronic copy of the original order of the issuing court endorsed with a digital signature of the judge or appropriate clerk of that court, regardless of whether or not there is a raised seal on the copy of the order of the issuing court.

"Confidential communications." As defined in section 5945.1 (relating to confidential communications with sexual assault counselors).

"Coparticipant." As defined in section 5945.1 (relating to confidential communications with sexual assault counselors).

"Court." The court or magisterial district judge having jurisdiction over the matter under and exercised as provided in this title or as otherwise provided or prescribed by law.

"Family or household members." 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.

"Hearing officer." A magisterial district judge, judge of the Philadelphia Municipal Court, bail commissioner appointed under section 1123 (relating to jurisdiction and venue) , master appointed under section 1126 (relating to masters) or master for emergency relief.

"Intimidation." Conduct constituting a crime under either of the following provisions between persons who are not family or household members:

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.

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.

"Master for emergency relief." A member of the bar of the Commonwealth appointed under section 62A09(e) (relating to emergency relief by minor judiciary).

"Minor." An individual who is not an adult.

"Plaintiff." An individual who applies for a protection order, either for the benefit of that individual or on behalf of another individual.

"Protection order" or "order." An order issued under this chapter designed to protect a victim of sexual violence or intimidation.

"Rape crisis center." As defined in section 5945.1 (relating to confidential communications with sexual assault counselors).

"Sexual assault counselor." As defined in section 5945.1 (relating to confidential communications with sexual assault counselors).

"Sexual violence." Conduct constituting a crime under any of the following provisions between persons who are not family or household members:

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).

18 Pa.C.S. § 4304 (relating to endangering welfare of children) if the offense involved sexual contact with the victim.

18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption of minors).

18 Pa.C.S. § 6312(b) (relating to sexual abuse of children).

18 Pa.C.S. § 6318 (relating to unlawful contact with minor).

18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

"Sheriff." The sheriff of a county or in a city of the first class, the chief or head of the police department.

"Victim." A person who is the victim of sexual violence or intimidation.

42 Pa.C.S. § 62A03

Added by P.L. 365 2014 No. 25, § 1, eff. 7/1/2015.