The state of Pennsylvania has multiple charges relating to sex offenses and multiple charges relating to different kinds of sexual assault. They vary in different, sometimes small ways, but they all have a couple things in common: these charges are very serious. Charges for a sexually motivate crime have serious consequences that could impact you for the rest of your life.
One of the most serious types of sexually motivated crimes prosecuted in Pennsylvania is aggravated indecent assault. The offense requires proof beyond all reasonable doubt of penetration of the genitals or anus. The crime can be charged as either a first-degree felony or a second-degree felony depending on the facts of the case.
If you’ve been accused of aggravated indecent assault in Chester County, Lancaster County, Montgomery County or Delaware County, you’ll want a knowledgeable West Chester aggravated indecent assault lawyer on your side. Michael J. Skinner is a skilled criminal defense attorney who understands indecent assault charges and will fight for you.
Call the Skinner Law Firm today at (610) 436-1410 or send an online message to set up a free consultation to discuss your charges.
Title 18, Section 3125 defines aggravated indecent assault as when the accused penetrates the sexual organ or anus of the alleged victim. The statute requires that the act is done without the victim’s consent, by force, by threat of force, when the victim is unconscious or when the victim is otherwise not aware the penetration is happening, if the victim has been drugged, if the victim has a mental disability, if the victim is younger than 13 or if the victim is younger than 16 and the accused if four or more years and the accused and the victim are not married.
Aggravated indecent assault is different, legally, than rape and sexual assault because both those charges involve what the law narrowly defines as “sexual intercourse.” Under the law, sexual intercourse is limited to a sexual organ penetrating either another sexual organ or the anus. Under aggravated indecent assault, a broader set of circumstances might meet the definition of the charge.
For instance, if a person were the insert a finger into the vagina of a mentally disabled woman, that person might be charged with aggravated indecent assault. If the accused was assaulting the victim and allegedly shoved an object into the victim’s anus as a way of humiliating the victim, prosecutors might charge the accused with aggravated indecent assault.
Read more about the way charges for indecent assault and aggravated indecent assaults are prosecuted in Montgomery County and the surrounding counties of Chester and Delaware in Pennsylvania.
Aggravated indecent assault is a felony of the second degree, punishable by up to 10 years in prison and a fine of up to $25,000.
However, if the allegations are that the victim was under 13 years old and the accused also committed the act either without consent, by force, by threat of force, while the victim is unconscious or otherwise not aware the penetration is happening, while drugged or if the child has a mental disability, the charges go up to aggravated indecent assault of a child, a first-degree felony. The punishment for a first-degree felony is up to 20 years in prison and up to a $25,000 fine.
For a conviction for either charge, you will have to register with the Sex Offender Registry. The registry is available to the public. It includes a picture of you, a description, your address and details of the offense. Any potential employer or person you might want to start a relationship with will be able to search and find your name and what you were convicted of. Your neighbors and family members will also be able to see it. You may be stuck on the sex offender registry for life.
42 Pa.C.S. § 9799.14 defines the tier system for registration requirements for sexual offenses under Pennsylvania law. Under the tier system, sexual offenses are classified in a three-tiered system composed of Tier I sexual offenses, Tier II sexual offenses and Tier III sexual offenses. A conviction under 18 Pa.C.S. §3125 for aggravated indecent assault is classified as a Tier 3 offense under 42 § 9799.14(d)) which requires Lifetime Registration.
Other Tier III offenses include comparable military offenses such as 18 U.S.C. §2241 Aggravated sexual assault, 18 U.S.C. §2242 Sexual abuse, 18 U.S.C. §2244 Abusive sexual contact, victim under 13 years old. Tier III offenses also include similar offense under the laws of another jurisdiction or country or under a former law of the Commonwealth of Pennsylvania.
A qualified sex offense lawyer at Skinner Law Firm can help you fight the charges and formulate a strong defense.
The penalties for aggravated indecent assault are too severe to not put up the strongest defense possible. Criminal defense attorney Michael J. Skinner is experienced fighting charges for aggravated indecent assault in West Chester, PA, and the surrounding areas of Chester County, Montgomery County and Delaware County, PA.
He can help you build that defense. He’ll diligently review your case. If the charges include exaggerated claims and false allegations he can help you formulate a plan to expose weaknesses in the prosecutor’s case while you build a strong defense.
Call the Skinner Law Firm today at (610) 436-1410 to set up a free consultation to go over the details of your case.
This article was last updated on Monday, February 1, 2016.