Sex Offenses

In addition to traditional sentences, some sex offenses carry registration requirements under Sex Offender Registration and Notification Act (SORNA). Failure to register or report as required under SORNA can lead to significant penalties.

Rape

Rape is a felony of the first degree and punishable by a maximum of 20 years of incarceration and a $25,000 fine. Rape is defined as engaging in sexual intercourse with a complainant

  • By forcible compulsion (can be physical, intellectual, moral, emotion or psychological force)
  • By threat of forcible compulsion
  • When the complainant is unconscious or the actor knows that the complainant is unaware that the sexual intercourse is occurring
  • Where the actor has substantially impaired the complainant's ability to appraise or control his or her conduct by administering drugs or alcohol for the purpose of preventing resistance
  • Who suffers from mental disability that makes the complainant incapable of consent

Rape of a child

Rape of a child is defined as sexual intercourse with a child who is less than 13 years of age. This offense is a felony of the first degree and punishable by a maximum sentence of 40 years of incarceration and a $25,000 fine. If the rape results in seriously bodily injury to the child then the maximum sentence is life imprisonment.

Statutory sexual assault

This offense is defined as engaging in sexual intercourse with a complainant under the age of 16, to whom the offender is not married, and the offender is either

  • Between 4 and 8 years older than the complainant, in which case the crime is a felony of the second degree and punishable by a maximum sentence of 15 years of incarceration and a $25,000
  • Between 8 and 11 years older than the complainant, in which case the crime is a felony of the second degree and punishable by a maximum sentence of 15 years of incarceration and a $25,000
  • More than 11 years older than the complainant, in which case the crime is a felony of the first degree and punishable by a maximum sentence of 20 years of incarceration and a $25,000 fine.

Involuntary deviate sexual intercourse (IDSI)

Deviate sexual intercourse is defined as oral or anal intercourse or penetration of genitals or anus with a foreign object. IDSI is defined as deviate sexual intercourse with a complainant

  • By forcible compulsion (can be physical, intellectual, moral, emotion or psychological force)
  • By threat of forcible compulsion
  • When the complainant is unconscious or the actor knows that the complainant is unaware that the sexual intercourse is occurring
  • Where the actor has substantially impaired the complainant's ability to appraise or control his or her conduct by administering drugs or alcohol for the purpose of preventing resistance
  • Who suffers from mental disability that makes the complainant incapable of consent
  • Who is less than 16 years of age and the offender is 4 or more years older and not married to the complainant

The above types of IDSI are felonies of the first degree and punishable by a maximum sentence of 20 years of incarceration and a $25,000 fine. IDSI against a child who is less than 13 years of age is a felony of the first degree and punishable by a maximum sentence of 40 years of incarceration and a $25,000 fine. BUT, where that child suffers serious bodily injury as a result of the offense then the offense is punishable by a maximum sentence of life imprisonment.

Sexual assault

Sexual assault is defined as any sexual intercourse or deviate sexual intercourse which is not covered by the Rape or IDSI sections. Sexual assault is a felony of the second degree and punishable by 15 years of incarceration and a $25,000 fine.

Indecent assault

Indecent contact is defined as any touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying sexual desire. The offense of Indecent Assault is defined as indecent contact with the complainant or intentionally causing the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the offender or the complainant and

  • The offender does so without the complainant's consent, in which case the offense is a misdemeanor of the second degree and punishable by a maximum sentence of 2 years of incarceration and a $5,000 fine
  • By forcible compulsion (can be physical, intellectual, moral, emotional or psychological force), in which case the offense is a misdemeanor of the first degree and punishable by a maximum sentence of 5 years of incarceration and a $5,000 fine
  • By threat of forcible compulsion, in which case the offense is a misdemeanor of the first degree and punishable by a maximum sentence of 5 years of incarceration and a $5,000 fine
  • When the complainant is unconscious or the actor knows that the complainant is unaware that the indecent contact is occurring, in which case the offense is a misdemeanor of the first degree and punishable by a maximum sentence of 5 years of incarceration and a $5,000 fine
  • Where the actor has substantially impaired the complainant's ability to appraise or control his or her conduct by administering drugs or alcohol for the purpose of preventing resistance, in which case the offense is a misdemeanor of the first degree and punishable by a maximum sentence of 5 years of incarceration and a $5,000 fine
  • Who suffers from mental disability that makes the complainant incapable of consent, in which case the offense is a misdemeanor of the first degree and punishable by a maximum sentence of 5 years of incarceration and a $5,000 fine
  • The complainant is less than 16 years of age and the offender is 4 or more years older and not married to the complainant, in which case the offense is a misdemeanor of the second degree and punishable by a maximum sentence of 1 years of incarceration and a $5,000 fine
  • The complainant is less than 13 years of age

If the complainant is less than 13 years of age then the offense is a misdemeanor of the first degree and punishable by a maximum sentence of 5 years of incarceration and a $5,000 fine UNLESS any of the following apply

  • It is a second or subsequent offense
  • There has been a course of conduct of indecent assault by the offender
  • The indecent assault was committed by touching the complainant's sexual or intimate parts with the offender's sexual or intimate parts

If any of the above apply then the offense is a felony of the 3rd degree and punishable by a sentence of 7 years of incarceration and a $15,000 fine.

Aggravated indecent assault

Except when defined as rape, statutory sexual assault, IDSI or sexual assault, an offender who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the offender's body commits aggravated indecent assault if

  • The offender does so without the complainant's consent
  • The offender does so by forcible compulsion (can be physical, intellectual, moral, emotional or psychological force)
  • The offender does so by threat of forcible compulsion
  • When the complainant is unconscious or the actor knows that the complainant is unaware that the penetration is occurring
  • Where the actor has substantially impaired the complainant's ability to appraise or control his or her conduct by administering drugs or alcohol for the purpose of preventing resistance
  • Who suffers from mental disability that makes the complainant incapable of consent
  • The complainant is less than 13 years of age
  • The complainant is less than 16 years of age and the offender is 4 or more years older and not married to the complainant

Any of the above forms of aggravated indecent assault are graded as felonies of the second degree and punishable by a maximum sentence of 10 years of incarceration and a $25,000 fine.

It is considered aggravated indecent assault of a child if the complainant is younger than 13 years of age and the indecent assault is completed by any of the means listed above in which case the offense is a felony of the first degree and punishable by a sentence of 20 years of incarceration and a $25,000 fine.

Indecent exposure

This offense is defined as an offender's exposure if his or her genitals in any public place or in a place where other people are present and the offender knows or should know that his conduct is likely to offend, affront or alarm.

Indecent exposure is generally graded as a misdemeanor of the second degree and punishable by a maximum sentence of 2 years of incarceration and a $5,000 fine. However, if the offender knows or should have known that any of the people present are less than 16 years of age then the offense is a misdemeanor of the first degree and punishable by 5 years of incarceration and a $10,000 fine.

Unlawful dissemination of intimate image ("Revenge porn")

A person commits this offense if, with the intent to harass, annoy or alarm a current or former sexual or intimate partner, the offender disseminates a visual depiction of a current or former sexual or intimate partner in a state of nudity or engaged in sexual conduct.

This offense is generally a misdemeanor of the second degree and punishable by a maximum sentence of 2 years of incarceration and a $5,000 fine. However, if the person in the image is a minor then the offense is a misdemeanor of the first degree and punishable by a maximum sentence of 5 years of incarceration and a $10,000 fine.

Sex offenses can lead to lengthy prison sentences as well as lifetime registration requirements under SORNA.

If you've been charged with a sex offense it is extremely important that you are represented by a knowledgeable attorney. Call our criminal defense lawyers in Reading, PA at 610-372-5128 or submit your case using the "Ask an attorney" link.