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JUVENILE SEX CRIMES

JUVENILE SEX CRIMES

The state of Pennsylvania takes allegations of any criminal sex offense very seriously, and prosecutors will typically seek maximum punishments in these types of cases. If an alleged offender was under the age of 18 at the time of the alleged offense, prosecutors will often seek to have him or her tried as an adult rather than in juvenile court.

This can result in severe punishments involving lengthy imprisonment and heavy fines as well as enormous long-term consequences. It is critical for alleged juvenile offenders to make sure that they have strong and capable legal representation to protect their rights.

West Chester Juvenile Sex Crimes Lawyer

If your child has been charged with any type of sex offense in Pennsylvania, you will want to immediately contact an experienced Pennsylvania criminal defense attorney. As a former Assistant District Attorney for the Chester County District Attorney’s Office, Michael J. Skinner has a thorough understanding of how these types of cases are handled and what weaknesses there might be in the prosecution’s case.

The Skinner Law Firm aggressively defends minors from Chester County and Delaware County against criminal charges. Call our firm today at (610) 436-1410 to let us review your case during a free, confidential consultation.


Chester County Juvenile Sex Crimes Overview


Juvenile Sex Crimes Charges in Pennsylvania

Some of the sex offenses listed in Pennsylvania Statutes carry very harsh penalties, and an alleged juvenile offender who is tried as an adult may be charged with any of the following offenses:

  • Rape, Pennsylvania Consolidated Statute Title 18 § 3121 — It is a first-degree felony punishable by up to 10 years in prison and up to $100,000 in fines if an alleged offender engages in sexual intercourse with a complainant either:
    • By forcible compulsion
    • By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution
    • Who is unconscious or where the alleged offender knows that the complainant is unaware that the sexual intercourse is occurring
    • Where the alleged offender has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance
    • Who suffers from a mental disability which renders the complainant incapable of consent
  • Rape of a Child, Pennsylvania Consolidated Statute Title 18 § 3121(c) — It is a first-degree felony punishable by up to 40 years in prison if an alleged offender engages in sexual intercourse with a complainant who is less than 13 years of age.
  • Rape of a Child With Serious Bodily Injury, Pennsylvania Consolidated Statute Title 18 § 3121(d) — It is a first-degree felony punishable by up to life in prison if an alleged offender engages in sexual intercourse with a complainant who is less than 13 years of age and the complainant suffers serious bodily injury in the course of the offense.
  • Statutory Sexual Assault, Pennsylvania Consolidated Statute Title 18 § 3122.1 — It is a second-degree felony if an alleged offender engages in sexual intercourse with a complainant to whom the alleged offender is not married who is under the age of 16 years and the alleged offender is either four years older but less than eight years older than the complainant or eight years older but less than 11 years older than the complainant. This is a first-degree felony if the alleged offender engages in sexual intercourse with a complainant under the age of 16 years and the alleged offender is 11 or more years older than the complainant and the complainant and the alleged offender are not married to each other.
  • Involuntary Deviate Sexual Intercourse, Pennsylvania Consolidated Statute Title 18 § 3123 — It is a first-degree felony punishable by up to life in prison if an alleged offender engages in deviate sexual intercourse with a complainant either:
    • By forcible compulsion
    • By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution
    • Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring
    • Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance
    • Who suffers from a mental disability which renders him or her incapable of consent
    • Who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other
  • Involuntary Deviate Sexual Intercourse with a  Child, Pennsylvania Consolidated Statute Title 18 § 3123 — It is a first-degree felony punishable by up to 40 years in prison if an alleged offender engages in deviate sexual intercourse with a complainant who is less than 13 years of age.
  • Involuntary Deviate Sexual Intercourse With a Child With Serious Bodily Injury, Pennsylvania Consolidated Statute Title 18 § 3123 — It is a first-degree felony punishable by up to life in prison if an alleged offender engages in deviate sexual intercourse with a complainant who is less than 13 years of age and the complainant suffers serious bodily injury in the course of the offense.
  • Sexual Assault, Pennsylvania Consolidated Statute Title 18 § 3124.1 — It is a second-degree felony punishable by up to life in prison if an alleged offender engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent.
  • Aggravated Indecent Assault, Pennsylvania Consolidated Statute Title 18 § 3125 — It is a second-degree felony if an alleged offender engages in penetration, however slight, of the genitals or anus of a complainant with a part of the alleged offender’s body for any purpose other than good faith medical, hygienic or law enforcement procedures if either:
    • The alleged offender does so without the complainant’s consent
    • The alleged offender does so by forcible compulsion
    • The alleged offender does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution
    • The complainant is unconscious or the alleged offender knows that the complainant is unaware that the penetration is occurring
    • The alleged offender has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance
    • The complainant suffers from a mental disability which renders him or her incapable of consent
    • The complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other
  • Aggravated Indecent Assault of a Child, Pennsylvania Consolidated Statute Title 18 § 3125 — It is a first-degree felony if an alleged offender commits aggravated indecent assault of a complainant who is less than 13 years of age.
  • Indecent Assault, Pennsylvania Consolidated Statute Title 18 § 3126 — It is a second-degree misdemeanor if an alleged offender has indecent contact with the complainant, causes the complainant to have indecent contact with the alleged offender or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the alleged offender or the complainant and either the alleged offender does so without the complainant’s consent or the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other. It is a first-degree misdemeanor if either the alleged offender does so by forcible compulsion, the alleged offender does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution, the complainant is unconscious or the alleged offender knows that the complainant is unaware that the indecent contact is occurring, the alleged offender has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance, or the complainant suffers from a mental disability which renders the complainant incapable of consent. It is a first-degree misdemeanor if the complainant is less than 13 years of age, but can be a third-degree felony if it is the alleged offender’s second or subsequent offense, there has been a course of conduct of indecent assault by the alleged offender, the indecent assault was committed by touching the complainant’s sexual or intimate parts with sexual or intimate parts of the alleged offender, the indecent assault is committed by touching the alleged offender’s sexual or intimate parts with the complainant’s sexual or intimate parts.
  • Incest, Pennsylvania Consolidated Statute Title 18 § 4302 — It is a second-degree felony if an alleged offender knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood.
  • Sexual Abuse of Children, Pennsylvania Consolidated Statute Title 18 § 6312 — It is a second-degree felony if an alleged offender causes or knowingly permits a child under the age of 18 years to engage in a prohibited sexual act or, in the simulation of such act, commits an offense if such person knows, has reason to know or intends that such act may be photographed, videotaped, depicted on computer or filmed, or knowingly photographs, videotapes, depicts on computer or films a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such an act commits an offense. It is a third-degree felony for a first offense if an alleged offender knowingly sells, distributes, delivers, disseminates, transfers, displays or exhibits to others, or who possesses for the purpose of sale, distribution, delivery, dissemination, transfer, display or exhibition to others, any form of pornography depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act, or if the alleged offender  intentionally views or knowingly possesses or controls any form of pornography depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act. A second or subsequent offense is a second-degree felony.
  • Sexual Exploitation of Children, Pennsylvania Consolidated Statute Title 18 § 6320 — It is a second-degree felony if an alleged offender procures for another person a child under 18 years of age for the purpose of sexual exploitation.

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Juvenile Sex Crime Penalties in Chester County

For sex offenses in which specific penalties are not indicated, an alleged offender can face the following consequences if he or she is tried as an adult and convicted:

  • Third-Degree Felony — Up to seven years in prison and up to $15,000 in fines
  • Second-Degree Felony — Up to 10 years in prison and up to $25,000 in fines
  • First-Degree Felony — Up to 20 years in prison and up to $25,000 in fines

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Pennsylvania Juvenile Sex Crimes Defenses

Despite the immediate sense, an alleged offender has that he or she is already considered guilty needing to prove his or her innocence, there may be any number of defenses that can result in these charges being reduced or dismissed. Some of these defenses can include, but are not limited to:

  • False Allegations
  • Illegally Obtained Evidence
  • Lack of Evidence
  • Mistaken Identity
  • Tainted Testimony

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Working with an Attorney After Your Child’s Arrest for a Sexual Offense

Michael J. Skinner understands the tremendous shame and stress these allegations create for alleged offenders, especially on young adults. The Skinner Law Firm can provide a complete and thorough evaluation of your case so you can understand all of your legal options. Call (610) 436-1410 right now to take advantage of a free consultation.

Michael Skinner
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