Aggravated Indecent Assault is a type of sexual offense in PA. When it comes to finding the best Pennsylvania Sex Crimes attorney, we are it.
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What is the maximum penalties for Aggravated Indecent Assault?
Aggravated Indecent Assault is a felony sex offense. It is a Felony of the Second Degree if the victim is an adult, and a Felony of the First Degree if committed with a child under age 13. A Felony of the Second Degree has a maximum penalty of 10 years and $25,000. A Felony of the First Degree has a maximum penalty of twenty years and $25,000.
If you have a qualifying prior, you could be subject to Pennsylvania’s Three Strikes Law.
There is significant litigation ongoing now about Age-based mandatory minimums in PA. The government may try to have you sentenced pursuant to a mandatory minimum sentence. If the government tries, your attorney needs to challenge it every single time.
Megan’s Law Reporting for Aggravated Indecent Assault
Also, if convicted, it is a Tier III Sexual Offense under Pennsylvania’s Megan’s Law (SORNA). As such, if you are convicted for offenses alleged to have occurred on or after December 20, 2012, it is a
Megan’s Law registration required. This lifetime registration follows you all over the United States. You can’t run or hide. It is with you forever.
Sexually Violent Predator for Aggravated Indecent Assault
A conviction of Aggravated Indecent Assault triggers the Court to order an assessment under Sexual Offender Assessment Board (SOAB) to determine if you meet the dreaded label of Sexually Violent Predator.
A SVP must for his or her lifetime, at least monthly, attend and participate in mandatory sex offender counseling with a treatment provider approved by the SOAB. A SVP will undergo active community notification. Local law enforcement authorities will notify neighbors, county Children and Youth Agencies, local day care centers, school districts and institutions of higher education of the Sexually Violent Predator’s name, residential address and offense. With the notification will be a recent photograph of the offender.
What does Aggravated Indecent Assault mean?
The Aggravated Indecent Assault definition comes from § 3125 of Pennsylvania’s criminal statutes. The government must prove beyond a reasonable doubt the following:
- The accused
- penetrated either the genitals or anus of the victim,
- for a purpose other than actual medical or law enforcement necessity,
- and one of these conditions is present:
- the person does so without the complainant’s consent;
- the defendant does so by forcible compulsion;
- the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
- the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;
- 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;
- the complainant suffers from a mental disability which renders him or her incapable of consent;
- the complainant is less than 13 years of age; 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.
Defenses that work
Statute of Limitations for Aggravated Indecent Assault
The statute of limitations for Aggravated Indecent Assault is within 12 years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)
Unless the victim is under the age of consent in PA, consent is a defense. As far as consent is concerned, this is a factual issue for the jury to decide. It all depends on what actually happened. Frequently, there are conflicting accounts, so the determination as to whether the accused is found guilty largely depends on which side’s story is more credible or consistent. One important thing to note is that while unimpaired adults can consent, (but do not always do so) children and intoxicated adults cannot. They do not have the full mental understanding of the events that are happening, so they cannot decide whether they consent. For similar reasons, those with developmental disabilities also cannot consent.
The next most common issue in Aggravated Indecent Assault cases are whether there was actual penetration. As for penetration, this does not need to be with a penis. The element will be met if the penetration is done with a finger or any other digit, including objects not part of the accused’s body. Additionally, this can be met even if the penetration is very slight or brief.