Sex Crimes

• Rape
• Statutory Sexual Assault
• Sexual Assault
• Indecent Assault
• Prostitution
• Involuntary Deviant Sexual Intercourse
• Child Pornography (Sexual Abuse of Children)
• Dissemination of Intimate Images
• Corruption of Minors
• Megan’s Law/Sorna Violations
• Child Molestation
• Indecent Exposure
• Endangering The Welfare of Children
• Sexting

“Complainant.” An alleged victim of a crime.

“Deviate sexual intercourse.” Sexual intercourse per os (mouth) or per anus between human beings and any form of sexual intercourse with an animal. The term also includes penetration, however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures.

“Disseminate.” To cause or make an electronic or actual communication from one person, place, or electronic communication device to other persons, places, or electronic communication devices.

“Distribute.” To deliver or pass out.

“Forcible compulsion.” Compulsion by use of physical, intellectual, moral, emotional, or psychological force, either express or implied. The term includes, but is not limited to, compulsion resulting in another person's death, whether the death occurred before, during, or after sexual intercourse.

“Foreign object.” Includes any physical object not a part of the actor's body.

“House of prostitution.” Any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, or management, or supervision of another.

“Indecent contact.” Any touching of the sexual or other intimate parts of the person to arouse or gratify sexual desire, in any person.

“Inmate.” A person who engages in prostitution in or through the agency of a house of prostitution.

“Intentionally Views.” The deliberate, purposeful, voluntary viewing of material. The term shall not include the accidental or inadvertent viewing of such material.

“Knowingly possesses.” The deliberate, purposeful, voluntary possession of an item or other thing. The term shall not include the accidental or inadvertent possession of such things.

“Knowingly views.” The deliberate, purposeful, voluntary viewing an image or recording. The term shall not include the accidental or inadvertent viewing of such images.

“Minor.” An individual under 18 years of age.

“Nudity.” The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

“Prohibited Sexual Act.” Sexual intercourse as defined (as defined below), masturbation, sadism, masochism, bestiality, fellatio, cunnilingus, lewd exhibition of the genitals, or nudity if such nudity is depicted for the sexual stimulation or gratification of any person who might view such depiction.

“Public place.” Any place to which the public or any substantial group of the public has access.

“Publish.” To issue for distribution.

“Serious bodily injury.” Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

“Sexual conduct.” means acts of masturbation, homosexuality, sexual intercourse, sexual bestiality, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or a female’s breast.

“Sexually explicit image.” A lewd or lascivious visual depiction of a person’s genitals, pubic area, breast or buttocks or nudity, if such nudity is depicted for the sexual stimulation or gratification of any person who might view such nudity.

“Sexual intercourse.” Intercourse per vagina, os (mouth) or, anus, with some penetration of the genitals however slight; emission is not required.

“Sexual offender.” An individual who has committed a sexual offense. The term includes a sexually violent predator.

“Transmit.” To cause or make an electronic communication from one person, place, or electronic communication device to another person, place, or electronic communication device.

“Visual depiction.” A representation by picture, including, but not limited to, a photograph, videotape, film, or computer image.

Currently, Pennsylvania requires registration for over a dozen different sexual offenses. The law assigns people to are convicted of certain sexual offenses to one of three tiers. Each tier requires different registration requirements and provides for different lengths of time a person is required to register.

People who fall within Tier 1 are required to register for 15 years and must verify their residence every year. People who fall within Tier 2 are required to register for 25 years and are required to verify their residence every 6 months. People who fall within Tier 3 are required to register for life and must verify their residence every 3 months.

These three tiers and the offenses which fall into each tier were created and adopted into law in 2012 when the Sex Offender Registration and Notification Act (SORNA) was passed in Pennsylvania. This new law provided additional crimes that required registration that were not required to register under the previous version of the law. However, The PA Supreme Court has ruled that if the incident occurred before the new law took effect then your case is required to be dealt with under the old Megan’s Law registration requirements as the new law cannot be applied retroactively. The PA Supreme Court also ruled in 2014 that anyone under the age of 18 can not be required to register for life. The Pennsylvania Superior Court found that people who were convicted when they were adults for crimes they committed when they were children could not be placed on the registry for life.

This has become a complicated and nuanced law as dates and section numbers of a statute can be the difference from no registration to a lifetime of registration.

Most of the Pennsylvania laws dealing with sex offenses specifically state that if the offense if committed against a child under the age of 18 the punishment for that offense is going to be increased. The typical manner in which the punishment is increased is by increasing the grading of the offense. For example, if the crime was committed against an adult it may be graded as a misdemeanor of the first degree, but since it was committed against a child the grading might be increased to a felony of the third degree. Some offenses increase the punishment up to a life sentence if the crime was committed against a child and there was serious bodily injury as a result of the crime. This increase in punishment can have a significant impact on an individual’s case and life going forward.

As of December 2019, Pennsylvania has also passed new laws calling for a mandatory minimum period of incarceration for certain offenses when they are committed against children under the age of 16. Convictions for certain Aggravated Assault offense, certain Rape offenses, certain Aggravated Indecent Assault offenses, and Involuntary Deviate Sexual Intercourse offenses all have mandatory minimum terms calling for years of incarceration. The law also calls for lengthier periods of mandatory incarceration for certain offenses when they are committed against children under the age of 13. Convictions for certain Murder offenses, certain Aggravated Assault offense, certain Rape offenses, and Aggravated Indecent Assault offenses all have longer periods of mandatory incarceration calling for years of incarceration. These new laws mean the court must impose the minimum period of incarceration specified and the person is not eligible for parole or early release until that minimum period of incarceration has been served. Whether this new provision of the law survives future court challenges is yet to be seen.

Child molestation and other acts against children are taken very seriously as shown by the significant increases in punishments as well as the years of incarceration required under the mandatory minimum laws.

Pennsylvania makes it a crime to engage in sexual intercourse with another by force, or threat of force. It is also a crime if the intercourse is committed with a victim who is unconscious or where the person knows that victim is unaware that the sexual intercourse is occurring, or if the person has impaired the victim's ability to control their conduct through the use drugs, intoxicants or other means to prevent their resistance and without the victim's knowledge. If someone has sexual intercourse with a person who suffers from a mental disability which renders them incapable of consent it is also a crime in Pennsylvania. All of the above situations fall within the crime of rape.

Rape is a first-degree felony in Pennsylvania. A person convicted of Rape faces a maximum period of incarceration of up to 20 years and a maximum fine of up to $25,000. This penalty can be enhanced for several reasons, including the following:

If a person has substantially impaired the victim's ability to control their conduct through the use of any substance for the purpose of preventing resistance through the inducement of euphoria, memory loss, or any other effect of this substance, and then has sexual intercourse with the victim there are additional penalties available. This includes an additional period of incarceration of up to 10 years and an additional fine of up to $100,000.

If a person has engaged in sexual intercourse with a child under the age of 13 the maximum period of incarceration is increased by 20 years for a total of up to 40 years of incarceration.

If a person has engaged in sexual intercourse with a child under the age of 13 and as a result of caused the child to suffer serious bodily injury, the maximum available punishment is a period of incarceration up to the life of the offender.

As of December 2019, if the victim of the rape is less than 16 years old there is a mandatory minimum sentence of not less than 10 years of incarceration. This means the court must impose a minimum period of incarceration of 10 years and the person is not eligible for parole or early release until the 10 years have been served. Whether this new provision of the law survives future court challenges is yet to be seen.

Being charged with Rape in Pennsylvania is a profoundly serious situation. The results of a conviction are all felonies which could result in spending decades if not life in prison.

A person commits the crime of Statutory Sexual Assault if they engage in sexual intercourse with another person, who they are not married to, who is under the age of 16 and they are at least 4 years older than the other person.

Statutory Sexual Assault can be either a second-degree felony or a first-degree felony depending on the age difference between the parties. In a case where the offender is less than 11 years older than the victim Statutory Sexual Assault is a second-degree felony. The maximum punishment a person convicted of statutory sexual assault can face is a period of incarceration up to 10 years and a maximum fine of up to $25,000. The sentencing guidelines provide for Offense Gravity Scores depending on the age difference between the parties. If you are at least 4 years older but less than 8 years older than the alleged victim, the offense gravity score is a 7. For someone with no prior record the standard range of minimum sentence is 6 to 14 months. If you are 8 years older but less than 11 years older the offense gravity score is an 8. For someone with no prior record the standard range of minimum sentence at this level is 9 to 16 months.

In a case where the offender is 11 years, or more, older than the victim the offense is a first-degree felony. The maximum punishment a person convicted of this offense can face is a period of incarceration up to 20 years and a maximum fine of up to $25,000. The offense gravity score for this is a 9. For someone with no prior record the standard range of minimum sentence at this level is 12 to 24 months.

When dealing with sex crimes in Pennsylvania the term “sexual intercourse” has a defined legal meaning which may not match what people traditionally think of as sexual intercourse. In addition to the traditional meaning of penetration of a vagina by a penis, it also includes intercourse per os (month) or per anus, with some penetration however slight. The act of penetration is sufficient to meet the legal definition and emission is not required.

Being charged with Statutory Sexual Assault in Pennsylvania is a very serious offense. The results of a conviction are all felonies that could result in spending up decades in prison.

A person commits the crime of Sexual Assault if they engage in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent and the person acted knowingly or recklessly regarding the complainant's non-consent.

The prosecution does not need to show that the victim resisted only that they did not consent. Consent is shown if the victim is willing to participate in sexual activity and makes that willingness known to the other person by their words or behavior. Some categories of people are deemed not able to legally give consent, such as minors, those who have mental disabilities, and those who are too intoxicated. Consent obtained by force, duress, or deception is also not legally valid.

If convicted of the offense of Sexual Assault a person will be facing a Second-degree Felony which comes with a sentence of a maximum of up to 10 years of incarceration and a maximum fine of up to $25,000. The starting sentencing guideline range for this offense is 36-54 months for the minimum sentence.

Being charged with Sexual Assault in Pennsylvania is a serious situation. The results of a conviction could result in spending up to a decade in prison. Because the offense is a felony, conviction it will affect your right to possess a firearm and your right to vote.

A person commits the crime of indecent assault if the person has indecent contact with the victim, causes the victim to have indecent contact with the person, or intentionally causes the victim to come into contact with seminal fluid, urine or feces, for the purpose of arousing sexual desire in the person or the victim and one of the following conditions was present:

1. The person did so without the consent of the victim.
2. The person used forcible compulsion.
3. The person threatened the use of forcible compulsion that would prevent the resistance of a reasonable person.
4. The victim is unconscious, or the person knows that the victim is unaware that the contact is occurring.
5. The person has substantially impaired the victim’s power to appraise or control their conduct by the use of drugs or intoxicants without the knowledge of the victim.
6. The victim suffers from a mental disability which renders them incapable of consent.
7. The victim is less than 13 years old. or
8. The victim is less than 16 years old and the person is 4 or more years older, and the parties are not married.

The grading of the offense depends on which of the additional situations listed above is present in the case. If conditions 1 or 8 are present, the offense is graded as a second-degree misdemeanor, which comes with a possible sentence of up to 2 years of incarceration and a maximum fine of up to $5,000. For a person with no prior record, the sentencing guideline range for this offense is Restorative Sanctions (referred to as RS and otherwise known as probation) - 3 months. If the person has a prior record the guidelines will call for more time.

If conditions 2, 3, 4, or 5 are present, the offense is graded as a first-degree Misdemeanor. This grading has a possible sentence of up to 5 years of incarceration and a fine of up to $10,000. For someone with no prior record, the sentencing guideline range for this offense is RS-9 months.

If condition 7 is present the offense is graded as a first-degree misdemeanor unless it is a second or subsequent offense, or there has been a course of conduct of indecent assault by the person, or the indecent assault was committed by touching the victim's sexual or intimate parts with sexual or intimate parts of the person, or the indecent assault is committed by touching the person's sexual or intimate parts with the victim's sexual or intimate parts. In those situations, the offense is graded as a third-degree felony, which comes with a sentence of incarceration of up to 7 years of incarceration and a fine of up to $15,000. A person with no prior record who is charged with the felony offense would face a sentencing guideline range of 3-12 months for the minimum sentence.

Pennsylvania has one statute which makes it a crime to engage in several prostitution-related activities.

The statute makes it a crime to engage in sexual activity in or through an agency of a house of prostitution or otherwise engage in sexual activity as a business or loiter in view of any public place for the purpose of being hired to engage in sexual activity. For a first or second offense, this is graded as a third-degree misdemeanor. For a third offense, this is graded as a second-degree misdemeanor. For a fourth or subsequent offense, it is grated as a first-degree misdemeanor. If the person who committed the offense knew that they were HIV positive or has AIDS, the offense is graded as a third-degree felony.

The statute also makes it a crime to promote the prostitution of another person. Promoting prostitution occurs when a person owns, manages, controls, or supervises a house of prostitution or a prostitution business; hiring a prostitute to work in a house of prostitution; or encouraging, inducing, or intentionally causing a person to become or remain a prostitute. These offenses are graded as third-degree felonies. In addition, it is a crime to promote prostitution by soliciting a person to patronize a prostitute; obtaining a prostitute for a patron; transporting someone into the state to have that person engage in prostitution; or allowing a location to be used for prostitution. Promoting prostitution also occurs where someone other than the prostitute or their minor child is knowingly supported by the proceeds of prostitution or where someone hires someone to engage in sexual activity with them or if they enter or remain in a house of prostitution to engage in sexual activity. Most promoting prostitution offenses are graded as a second-degree misdemeanor, unless certain circumstances are present, such as the person uses force to compel someone to engage in prostitution, the person promotes the prostitution of a person whose care, protection or support they are responsible for, or if they knowingly promote the prostitution of someone who is HIV positive or who has AIDS, or if the person promotes the prostitution of a minor.

The statute which defines the crime of Sexual Abuse of Children makes it a crime to engage in various actions generally related to the making, viewing, possessing, or transmitting child pornography.

One section provides that a person commits the crime of Sexual Abuse of Children if they knowingly engage in, cause, or knowingly permit the photographing, videotaping, depicting on a computer, or filming sexual acts of any person under the age of 18 or if the person knows or has reason to know or intends that such sexual act or in the simulation of such sexual act may be photographed, videotaped, depicted on a computer, or filmed. This offense is graded as a second-degree felony, which comes with a sentence of up to 10 years of incarceration and a fine of up to $25,000. Mistake of age is not a defense for this charge. Neither misrepresentation of age by the child nor a bona fide belief that the person is over the specified age.

Another section makes it a crime to knowingly sell, distribute, deliver, disseminate, transfer, display or exhibit to others, or to possesses for sale, distribution, delivery, dissemination, transfer, display or exhibition to others, any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such acts. This offense is graded as a third-degree felony, which comes with a sentence of up to 7 years of incarceration and a fine of up to $15,000 for a first offense. A second or subsequent offense is a second-degree felony that comes with a sentence of up to 10 years of incarceration and a fine of up to $25,000.

The final section makes it a crime to view or knowingly possess or control any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction, or other material depicting a child under the age of 18 engaging in a prohibited sexual act or in the simulation of such acts. This offense is graded as a third-degree felony for a first offense. A second or subsequent offense is a second-degree felony.

If the person convicted was also involved in indecent contact with the child, the grading of the offense increases one level to either a felony of the second degree or a felony of the first degree. A first-degree felony is punishable by a sentence of incarceration of up to 20 years and a fine of up to $25,000.

A person commits the crime of Unlawful Dissemination of Intimate Images if they disseminate a visual depiction of the current or former sexual or intimate partner in a state of nudity or engaged in sexual conduct with the intent to harass, annoy, or alarm that person. This is often referred to as “Revenge Porn.”

It is a defense to the charge if the person depicted consents to the dissemination. Consent is shown if the victim is willing to participate in sexual activity and makes that willingness known to the other person by their words or behavior. Some categories of people are deemed not able to legally give consent, such as minors, those who have mental disabilities, and those who are too intoxicated. Consent obtained by force, duress, or deception is also not legally valid.

If the person depicted is a minor the offense is graded as a first-degree misdemeanor which is punishable up to 5 years of incarceration and a fine of up to $10,000. If the person depicted is not a minor this offense is graded as a second-degree misdemeanor which is punishable up to 2 years of incarceration and a fine of up to $5000.

Like most sex crimes in Pennsylvania, the crime of Involuntary Deviate Sexual Intercourse can be charged in many ways. “Deviate sexual intercourse” is defined as sexual intercourse per os (mouth) or per anus between human beings and any form of sexual intercourse with an animal. The term also includes penetration, however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures.

The charge is filed if a person engages in deviant sexual intercourse with the victim by 1) forcible compulsion or 2) threat of forcible compulsion that would have prevented resistance by a reasonable person, or 3) on a victim who is unconscious or where the person knows that the victim is unaware that the intercourse is occurring, or 4) where the person has substantially impaired the victim's power to control their conduct by use of drugs, intoxicants, for the means of preventing resistance, or 5) on a victim who suffers from a mental disability which renders them incapable of consent, or 6) on a victim who is less than 16 years old and the person is four or more years older than the victim and the victim and person are not married. A violation of any one of these the charge will be graded as a first-degree felony that comes with a sentence of a maximum of 20 years of incarceration and a maximum fine of $25,000.

If this offense is committed against a child who is less than 13 years of age, the offense is still graded as a felony of the first degree. However, the maximum punishment is increased to a sentence of a maximum of 40 years of incarceration and a maximum fine of $25,000.

If this offense is committed against a child who is less than 13 years of age and it results in serious bodily injury to the child, the maximum term of incarceration is increased to a maximum of life.

As of December 2019, if the victim of the offense is less than 16 years old there is a mandatory minimum sentence of not less than 10 years of incarceration. This means the court must impose a minimum period of incarceration of 10 years and the person is not eligible for parole or early release until the 10 years have been served. Whether this new provision of the law survives future court challenges is yet to be seen.

Being charged with Involuntary Deviate Sexual Intercourse in Pennsylvania is a serious offense. The results of a conviction are all felonies which could result in spending decades if not life in prison.

The crime of corruption of minors may occur in several ways. It always involves a person who is at least 18 years old engaging in conduct with or toward someone under the age of 18.

One way the corruption of minors is charged is to allege that the adult did something to corrupt or tend to corrupt the moral of a minor. Another way the offense is charged is to allege that the adult aided, abetted, enticed, or encouraged a minor to commit a crime. Yet another way the offense is charged is to allege that the adult knowingly assisted or encouraged a minor to violate their parole or other order or court. Each of these is graded as 1st-degree misdemeanors which carry a maximum sentence of 5 years of incarceration and a maximum fine of $10,000.00.

If the corruption of minors offense occurs while the adult is committing a sex offense or while the adult is aiding, abetting, enticing, or encouraging the minor to commit a sex offense, the grading is increased to that of a 3rd degree Felony. That offense has a maximum sentence of 7 years incarceration and a maximum fine of $15,000.00.

Finally, the offense may be charged where the adult aids, abets, entices, or encourages a minor to commit truancy. This offense is a summary offense with a maximum penalty of 90 days of incarceration and a maximum fine of $300.00. For a second violation within one year of the first violation, the penalty is increased to a third-degree misdemeanor.

Mistake of age is not a defense if the minor is under the age of 16. However, it could be a valid defense in certain cases if the minor was over the age of 16.

A person commits the crime of Indecent Exposure if that person exposes their genitals in any public place, or in any place where there are other people are present under circumstances in which they know or should know that this conduct is likely to offend, affront, or alarm another. This offense is graded as a Second-degree misdemeanor that is punishable by up to 2 years of incarceration and a fine of up to $5,000. If the person knows or should have known that the other persons present are less the 16 years old this offense is then graded as a First-degree misdemeanor which is punishable of up to 5 years of incarceration and a fine of up to $10,000.

The crime of Transmission of Sexually Explicit Images by a Minor is more commonly called “sexting”. This offense can be charged when a person under the age of 18 (a minor) engages in the sharing of sexually explicit images of themselves or another minor.

The grading of the offense can depend on several factors. If the minor knowingly transmitted, distributed, published, or disseminated an electronic communication containing a sexually explicit image of themselves or knowingly possessed or knowingly viewed a sexually explicit image of a minor who is 12 years of age or older. An offense under these conditions are graded as summary offenses. A summary offense is punishable by up to 90 days of incarceration and a fine of up to $300.00.

If the minor shares an electronic communication containing a sexually explicit image of another minor who is less than 12 years old the offense is graded as a 3rd-degree misdemeanor. This is punishable by up to 1 year of incarceration and a fine of up to $500.00.

If the minor makes a visual depiction of another minor in a state of nudity without their knowledge and consent or if they share a visual depiction of a minor in a state of nudity without the knowledge and consent of the minor, the offense is graded as a 2nd-degree misdemeanor. This is punishable by up to 2 years of incarceration and a fine of up to $2500.00.

This crime does not apply for images that depict sexual intercourse, deviate sexual intercourse, or penetration, however slight of a minor, masturbation, sadism, masochism, or bestiality, or if the image was taken for the purpose of commercial use.

The law also provides that any electronic device which is used to engage in the offense can be to the Commonwealth. A person who is convicted of this offense can and most likely will lose their phone. In those cases that are charged as a summary offense, the Magisterial District Judge has the authority to place any violator into a diversionary program.

This offense applies to any parent, guardian, or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, if they knowingly endanger the welfare of the child by violating a duty of care, protection, or support. The baseline grading for this offense is a 1st-degree misdemeanor that is punishable by up to 5 years of incarceration and a fine of up to $10,000.00. If the conduct resulted in putting the child at the risk of death or serious bodily injury, or actually caused such an injury, the grading is increased to a 3rd-degree felony. A 3rd-degree felony carries a maximum term of imprisonment of 7 years and a maximum fine of $15,000.00.

If the person engaged in a course of conduct that resulted in endangering the welfare of a child, the offense constitutes a 3rd-degree felony. If the course of conduct resulted in putting the child at the risk of death or serious bodily injury, or actually caused that injury, the grading is increased to a 2nd-degree felony. A 2nd-degree felony carries a maximum term of imprisonment of 10 years and a maximum fine of $25,000.00.

The offense also applies to any person, who in their official capacity, prevents or interferes with the making of a report of suspected child abuse. This offense is also graded as a 1st-degree misdemeanor.

If the child was under six years of age, the grading of an offense is increased one by one grade.

In addition to any sentence imposed after a conviction, the court is required by the statute to consider ordering that the person undergo counseling.

This offense applies to only those who have already been convicted of an offense that requires registration under Megan’s Law or SORNA and who have been ordered to register under the act. A person who knowingly fails to register with the PA State Police as required, or who fails to verify their address or be photographed as required, or who did not provide accurate information when registering commits a crime under this statute. The registration requirements also apply for persons who are homeless or transient and so they can also be charged for failing to register as required. All individuals that are required to seek and attend counseling under the registration requirements must also do as is required for that counseling or it could be a violation of this statute.

The grading for violating this statute depends on the length of registration that the person is required to complete, whether the person has previously been convicted of failing to register, and the specific allegations of how the person failed to comply with the registration requirements.

For those who are required to register for 15 years, an offense under this law can be graded as either felony of the third degree or a felony of a second degree.

For those who are required to register for 25 years or life, an offense under this law can be graded as either a felony of the second degree or a felony of the first degree.

If the person fails to comply with the counseling requirements the offense is graded as a misdemeanor of the first degree.