ekatherine.stamatis@lawrank.com | November 16, 2021 | Sexual Offenses
Pennsylvania Sex Offender Charges Definitions
Sex offenses are among the most serious charges people might face in Pennsylvania. If you are convicted of a sex offense, you could face decades in prison and lifetime sex offender registration, depending on the particular crime of conviction. You need to understand the different types of sex offenses in Pennsylvania and the terms that are used to define them.
Here is some information from the sex offense lawyers at DiCindio Law about the Pennsylvania sex offender laws.
Rape
Rape is defined in 18 Pa. C.S. § 3121 to include engaging in sexual intercourse with a victim with force or threats or when the victim is unconscious, is impaired by intoxicants to such a degree that he or she cannot consent, or has a mental disability that renders him or her incapable of consenting.
Rape of a child occurs when a person engages in sexual intercourse with a child younger than age 13, and rape of a child with serious bodily injury occurs when a child younger than age 13 is seriously injured while being raped.
Rape is a first-degree felony. When the victim is over the age of 13, the offense carries a penalty of up to 20 years with a fine of up to $25,000. If the defendant is convicted of rape of a child, the maximum penalty is up to 40 years. Finally, if the defendant is convicted of rape of a child with serious bodily injury, the maximum penalty is life in prison.
Involuntary Deviate Sexual Intercourse
Involuntary deviate sexual intercourse is defined in 18 Pa. C.S. § 3123. Under this statute, involuntary deviate sexual intercourse occurs when a defendant engages in deviate sexual intercourse with the victim by force or threats of force or when the victim is unconscious, has been administered intoxicants, has a mental disability or is younger than age 16 when the perpetrator is four or more years older.
Involuntary deviate sexual intercourse with a child can be charged when the victim is younger than age 13, and involuntary deviate sexual intercourse with a child causing serious bodily injury can be charged when the child victim suffers serious bodily injury. Deviate sexual intercourse includes anal sex or penetration with a foreign object of the genitals or anus, and it also includes acts of bestiality.
Involuntary deviate sexual intercourse is a first-degree felony carrying up to 20 years in prison and a fine of up to $25,000. If the victim is younger than age 13, the maximum term of imprisonment is 40 years. If a child victim under the age of 13 is seriously injured, the maximum term of imprisonment is life. If the victim is younger than 16, there is a mandatory minimum prison sentence of 10 years.
Sexual Assault
Sexual assault is defined in 18 Pa. C.S. § 3124.1. It occurs when a defendant engages in sexual intercourse or deviates sexual intercourse with a victim without consent other than in a way listed under the rape and involuntary deviate sexual intercourse statutes.
Sexual assault is a second-degree felony carrying up to 10 years in prison. A defendant can also receive a maximum fine of $25,000.
Statutory Sexual Assault
Statutory sexual assault is found in 18. Pa. C.S. § 31221.1 and occurs when a defendant engages in sexual intercourse with a victim who is under the age of 16 when the defendant is between four and eight years older than the victim or when the defendant is between four and 11 years older than the victim.
Statutory sexual assault is a second-degree felony when the defendant is four years up to less than eight years older than the victim or when the defendant is between eight and 11 years older than the victim and carries up to 10 years in prison.
Statutory sexual assault is a first-degree felony when the defendant is 11 or more years older than the victim and carries up to 20 years in prison. If the victim is younger than 13, the maximum term of imprisonment is 40 years. If the child younger than age 13 is seriously injured, the maximum term of imprisonment is life.
Aggravated Indecent Assault
Aggravated indecent assault is found in 18 Pa. C.S. § 3125. You can be charged with aggravated indecent assault if you penetrate a person’s genitals or anus even slightly with any part of your body without consent and with force or threats of force or when the victim is unconscious, has been administered intoxicants, has a mental disability, is under the age of 13, or is under the age of 16 when the defendant is four or more years older than the victim.
Aggravated indecent assault is a second-degree felony carrying up to 10 years in prison. When the victim is younger than age 13, it is a first-degree felony carrying up to 20 years in prison. When the victim is younger than age 16, there is a minimum mandatory sentence of five years. A person convicted of aggravated indecent assault can also be fined up to $25,000.
Indecent Assault
Indecent assault is defined in 18 Pa. C.S. 3126. Under this statute, you can be charged with indecent assault if you indecently contact another person, cause a person to indecently contact someone else, or indecently contact a victim with urine or feces without consent, by force or threats of force, when the victim is unconscious or impaired by intoxicants you administered, when the victim has a mental disability, or when the victim is younger than age 13, or when the victim is younger than age 16 and you are four or more years older than him or her.
Indecent assault is a first-degree misdemeanor carrying up to five years in prison. However, it is a second-degree misdemeanor when it is done without the victim’s consent or when the defendant is four or more years older than someone younger than age 16.
A second-degree misdemeanor carries up to two years in prison and a fine of up to $5,000. Indecent assault is a third-degree felony carrying up to seven years in prison when it is a second offense, when the defendant has engaged in a pattern of indecent assault, or when the defendant touches the victim’s sexual parts with his or her own sexual parts.
Contact Our Sex Crimes Law Firm in West Chester, PA
If you are facing criminal charges and need legal help, contact the West Chester, PA sex crimes lawyers at DiCindioLaw, LLC to schedule a free initial consultation.
DiCindio Law, LLC
29 S Walnut St
West Chester, PA 19382
(610) 430-3535
***This blog article is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By reading, you understand that there is no attorney client relationship between you and the publisher. The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law, LLC for a consultation and to discuss what law is relevant to your case. ***