Sex crimes in Pennsylvania include the felony charges of Rape, Sexual Assault, Involuntary Deviate Sexual Intercourse, Aggravated Indecent Assault, Corruption of Minors, Sexual Abuse of Children (child pornography), and the misdemeanor charge of Indecent Assault. All charges for sex crimes must be taken seriously. A conviction for a sex crime will almost always result in incarceration in either a county or state prison. In addition to incarceration, a conviction for a sex crime will almost always result in being designated a sex offender. If you or a loved one is charges with a sex crime in Northeastern Pa., call Atty. Robert J. Munley for a free review of your case. Atty. Munley is a Stroudsburg and Scranton sex crimes lawyer and has represented clients throughout our area in every type of sex crime.
- Rape, 18 Pa.C.S.A. 3121, is when a person engages in sexual intercourse by force or by threat of force with another without consent.
- Rape of a Child is when a person has intercourse with a person less than 13. Lack of consent is not a defense as a child of that age cannot legally consent.
- Involuntary Deviate Sexual Intercourse, 18 Pa.C.S.A. 3123, is when there is oral or anal sex by force or threat of force without consent.
- Statutory Sexual Assault, 18 Pa.C.S.A. 3122.1, is when a person (4 or more years older) has sexual intercourse with another who is under 16. If the person is more than 8 years older, a conviction will result in being designated as a sex offender for 25 years.
- Sexual Assault, 18 Pa.C.S.A. 3124, is when a person engages in sexual intercourse without the other person’s consent.
- Aggravated Indecent Assault, 18 Pa.C.S.A. 3125, is when a person penetrates another without consent, or by force or threat of force, or if the victim is less than 13 regardless of consent.
- Indecent Assault, 18 Pa.C.S.A. 3126, is when a person has indecent contact (usually a “touching”) with another without consent, by force or threat of force, or if the victim is under 13.
- Indecent Exposure, 18 Pa.C.S.A. 3127, is when a person exposes himself in a public place or where there are other people.
- Corruption of Minors, 18 Pa.C.S.A. 6301, is when a person who is at least 18 years old and violates a sex offense crime, and corrupts the morals of a minor.
- Sexual Abuse of Minors, 18 Pa.C.S.A. 6312, can be possession of child pornography or it can be producing child pornography.
A conviction for most (but not all) sex crimes automatically results in being designated a Sex Offender by the State of Pennsylvania. The term of registration can be either 15 years, 25 years, or lifetime, depending on the actual crime.
Sex Offenders are required to register regularly with the Pennsylvania State Police and their specific information is public on the state’s Sex Offender website. There are also additional requirement Sex Offenders must comply with.Sexually Violent Predator v. Sex Offender
All people designated as Sexually Violent Predator are also Sex Offenders, but the majority of Sex Offenders are not designated as Sexually Violent Predators. Almost everyone convicted of a sex crime is designated as a Sex Offender. Once designated as a Sex Offender, Pennsylvania’s Sexual Offender’s Assessment Board (SOAB) will conduct an assessment to determine if the Sex Offender meets the criteria to be designated as a “Sexually Violent Predator.”Defenses to Sex Offenses
Consent of the alleged victim and insufficient evidence are the best defenses to sex crime charges. The motivation of the alleged victim may also be a defense. Depending on the facts of each case, it may be possible in negotiations that a more serious sex crime is reduced to a less serious sex crime or to a non-sex crime altogether. It may also be possible in negotiations for a charge that carries with it the designation as a “Sex Offender” can be changed to a non-Sex Offender charge.
The laws pertaining to sex crime offenses and their consequences are complex. If you or a loved one is charged with a sex crime in Northeast Pa., call Stroudsburg and Scranton sec crimes attorney Robert J. Munley for a free analysis of your case. After reviewing the specific facts of your case, Atty. Munley will advise you on what to expect when you go to court as well as all of your options.