Discerning Representation for Sex Crime Charges

The state of Pennsylvania defines sexual assault as “a person engaging in sexual intercourse or deviate sexual intercourse with another person without their consent.” If the victim is less than 16 years old, the defendant is at least four years older than the victim, and the two were not married at the time of the crime, then the charge is elevated to statutory sexual assault.

Sexual assault is a second-degree felony in Pennsylvania. It is punishable by a maximum prison sentence of 10 years, as well as a fine that ranges depending on the nature and severity of the crime. If the offender is convicted of sexual assault, then they will have to register as a sex offender for life.

Rape is a first-degree felony in the state of Pennsylvania, and is defined as an event when a person forces sexual intercourse with another person or threatens to physically harm the other person if they do not engage in sexual intercourse with the offender. In other words, rape is when the offender coerces, threatens, or forces the victim into sexual intercourse against their will.

The penalties for rape charges are understandably very severe. They could include a maximum $25,000 fine, a 20-year prison sentence, or both. Offenders convicted of rape will also have to register as sex offenders for the rest of their lives.

The age of consent in Pennsylvania is 16 years old. Any adult who has sex with a minor of 16 years of age or younger and is at least four years older than the victim has committed statutory rape. This charge can either be a second or first-degree felony, depending on the age of the victim. If the offender was between four to ten years older than the victim, then it is a second-degree felony. If the victim is younger than 11 years old, though, then this charge becomes a first-degree felony. The penalties are both charges are understandably harsh: convicted offenders can face up to 20 years in prison, maximum fines of up to $25,000, or both.

A person may be charged and convicted of prostitution if they engage in sexual activity to earn income or as a business, are an “inmate” at a “house of prostitution,” or loiter in or near a public space for the purpose of being hired to perform sexual acts. Houses of prostitution are defined as locations where one promotes or carries out prostitution under the supervision of someone else. Inmates, on the other hand, are defined as people who engage in prostitution in or through a house of prostitution.

Penalties for prostitution are unique in that they are affected by prior prostitution convictions and whether the offender is HIV+ or not. If the offender engages in prostitution knowing they are HIV+, then the charges automatically become a felony, and the maximum penalty is fines as high as $15,000 and a prison sentence as long as seven years. First and second-time offenders will face a maximum $2500 fine and one-year prison sentence, and the crime is a third-degree misdemeanor. These charges become a second-degree misdemeanor for third-time offenders, and the maximum fines and prison sentence doubles from that for first and second-time offenders (i.e., a maximum $5000 fine and two-year prison sentence). Naturally, fourth-time and subsequent offenders face some of the steepest penalties, with maximum fines shooting up to $10,000 and prison sentences going as long as five years.

If a person hires someone specifically “to engage in sexual activity with” or if they enter a “house of prostitution” for the purpose of engaging in sexual activity, then they can be charged with solicitation in the state of Pennsylvania.

Like prostitution charges, the penalties for this crime depend on the offender’s prior solicitation convictions and HIV status. Offenders who are knowingly HIV+ can face maximum fines of $15,000 and a seven-year-long prison sentence. First and second-time offenders face third-degree misdemeanor charges where the penalties are a maximum fine of $2500 and a prison sentence of up to one year. For second-time offenders, the charges upgrade to a second-degree misdemeanor and the penalties are doubled (i.e., maximum fines of $5000 and a prison sentence of up to two years). For fourth-time and subsequent offenders, solicitation charges are a first-degree misdemeanor and earn penalties of maximum fines as high as $10,000 and a prison sentence as long as five years.

If an individual exposes his or her genitals in a public place with people present for the express purpose of disgusting, offending, or alarming others, they have committed indecent exposure. Indecent exposure charges are second-degree misdemeanors in the state of Pennsylvania, unless the offender is 16 years of age or younger, in which case it is a first-degree misdemeanor.

Those convicted of indecent exposure charges face surprisingly stiff penalties for a second-degree misdemeanor. Even first-time offenders can pay maximum fines as high as $5000 and spend up to two years in jail.

Depending on the circumstances and gravity of the crime, indecent assault can be classified as a misdemeanor or felony charge in the state of Pennsylvania. While there are specific qualifications for each degree of the crime, the general offense can be thought of as indecent contact without the victim’s knowledge and/or consent.

The penalties for indecent assault misdemeanor convictions include prison sentences of up to seven years and fines of up to $15,000. For indecent assault felony convictions, maximum prison sentences bump up to ten years, while maximum fines can go as high as $20,000. Convicted defendants will also have to register as a sex offender for the rest of their lives.

Involuntary deviant sexual intercourse (IDSI) is a first-degree felony in Pennsylvania. It is defined as sexual intercourse where the victim was forced into, coerced into, threatened into, mentally incompetent to consent to, or unconscious throughout the act. It also applies to cases where the victim is less than 16 years of age, the defendant is more than four years older than the victim, and the two were not married at the time of the crime.

Prison sentences for those convicted of this crime can easily shoot up to 20 years. However, if the offender administered a date rape drug to the victim, then another ten years will be added on top of the original sentence. Even more serious, offenders can face up to 40 years in prison if the victim was younger than 13, or life in prison if the victim was both under 13 years old and sustained physical injuries because of the IDSI. Those convicted of IDSI will have to register as sex offenders for life.

The state of Pennsylvania strictly prohibits videotaping, filming, photographing, or otherwise depicting minors under 18 years of age engaged in or simulating sexual acts. Also strictly prohibited is the distribution this content and the possession, control, and conscious viewing of such. Those convicted of child pornography distribution or possession will have to register as a sex offender for the rest of their lives. Federal charges may also be added if the crime occurred in multiple states or in another country as well.

Penalties for child pornography possession and distribution are some of the harshest, given the gravity of these kind of crimes. First-time offenders face third-degree felony charges, which increases to a second-degree felony for second-time and subsequent offenses. However, if the content depicts the offender engaging in “indecent conduct” with the child, then the charges automatically increase by one degree, regardless of it is a repeat offense or not. Penalties for third-degree felony convictions are a maximum seven-year prison sentence and fines as high as $15,000. For second-degree felony convictions, defendants face a maximum ten-year prison sentence and fines as high as $25,000.

Child molestation falls under the ‘sexual abuse or exploitation’ umbrella in the state of Pennsylvania. Sexual abuse or exploitation, then, is defined as enticing, persuading, inducing, employing, or coercing a child to assist or engage in sexual acts, and also includes the filming, photographing, videotaping, or depicting a child simulating or engaged in sexual acts.

The state of Pennsylvania defines online solicitation of a minor as encouraging minors to engage in or perform prohibited sexual acts over the Internet. It is one of the more serious sex crimes out there since it concerns minors, and the penalties for a conviction are pretty steep. Online solicitation of a minor is a third-degree felony in Pennsylvania, and the penalties are a maximum prison sentence of seven years and fines as high as $15,000. Convicted defendants will also have to register as sex offenders for the rest of their lives.

If an offender forcibly penetrates the victim’s genitals or anus with one of their body parts without the victim’s consent for any other reasons besides medical, hygienic, or law enforcement procedures, then the offender is committing aggravated sexual assault. The crime is also considered aggravated sexual assault if the victim is mentally incompetent to consent or is unconscious during the act and extends to victims under 13 years old and victims under 16 years old who is at least four years younger than the offender and is not married to the offender at the time of the crime.

While aggravated indecent assault is typically a second-degree felony, the charges are upgraded to a first-degree felony if the victim is under 13 years old. Penalties for this crime include a maximum prison sentence of ten years for second-degree felonies and 20 years for first-degree penalties.