Indecent Sexual Assault

Indecent Assault Charges – Pennsylvania Laws

Information on your rights and what to do if you have been accused or charged with indecent sexual assault from Pittsburgh Sex Crime Lawyers.

The crime of indecent assault can come in two forms: simple vs. aggravated. The two crimes are defined separately, but the punishments for both are severe if you are found guilty.

Being accused of a sex crime can be debilitating. You are likely to face the harsh judgment of those in your community and you may find yourself dealing with the challenge of losing your job and any hope you had for the future.

If found guilty, you will likely be required to register as a sex offender on a national registry, therefore never escaping the stigma of being a sexual predator.

It is important to remember that being accused of a crime is not a guilty sentence. Until then, you have the right to tell your side of the story and fight for your freedom and your reputation.

Your future could depend on finding the best representation to help fight your charges —someone experienced and dedicated to protecting your rights and freedom.

An arrest is not a conviction.

OUR NUMBER ONE GOAL: TO HAVE YOUR SEXUAL ASSAULT CHARGES DISMISSED

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

Having sexual assault allegations against you is frightening. But you do not have to face the charges alone—Justin Ketchel is an experienced Pittsburgh sex crime attorney who will work hard to get your charges reduced or dismissed.

He will give your case personal attention and be there every step of the way to answer your questions and prepare you for hearings or a trial.

Our goal is to have your case dismissed and charges reduced; if that is not possible, we will fight aggressively to keep your name off the national registry of sex offenders.

SIMPLE INDECENT ASSAULT VS. AGGRAVATED INDECENT ASSAULT DEFINED

In Pennsylvania, Aggravated Indecent Assault is defined in Title 18, §3125 and Simple Indecent Assault is defined in Title 18, §3126:

AGGRAVATED INDECENT SEXUAL ASSAULT

§ 3125.  Aggravated indecent assault.

(a)  Offenses defined.–Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person’s body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault if:

  1. the person does so without the complainant’s consent;
  2. the person does so by forcible compulsion;
  3. the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
  4. the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;
  5. 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;
  6. the complainant suffers from a mental disability that renders him or her incapable of consent;
  7. the complainant is less than 13 years of age; or
  8. 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.

(b)  Aggravated indecent assault of a child.–A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age.

SIMPLE INDECENT SEXUAL ASSAULT

§ 3126.  Indecent assault.

(a)  Offense defined.–A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person, or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and:

  1. the person does so without the complainant’s consent;
  2. the person does so by forcible compulsion;
  3. the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
  4. the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring;
  5. 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;
  6. the complainant suffers from a mental disability which renders the complainant incapable of consent;
  7. the complainant is less than 13 years of age; or
  8. 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.

An arrest is not a conviction.

OUR NUMBER ONE GOAL: TO HAVE YOUR INDECENT ASSAULT CHARGES DISMISSED

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

PUNISHMENTS FOR INDECENT ASSAULT CONVICTIONS IN PENNSYLVANIA

Punishment for indecent assault ranges from a misdemeanor to a felony depending on whether it was simple or aggravated and the various circumstances of the alleged crime committed. The following penalties could apply depending on your charges:

A second-degree misdemeanor:

  • Up to two (2) years in prison and $5,000 in fines

A first-degree misdemeanor:

  • Up to five (5) years in prison and $10,000 in fines

A third-degree felony:

  • Up to seven (7) years in prison and $15,000 in fines

A second-degree felony:

  • Up to ten (10) years in prison and $25,000 in fines

A first-degree felony:

  • Up to twenty (20) years in prison and $25,0000 in fines

You could face the following charges for a simple indecent assault:

  • Without consent
    • Second-degree misdemeanor
  • By forcible compulsion
    • First-degree misdemeanor
  • By the threat of forcible compulsion, such that it prevents resistance by the victim
    • First-degree misdemeanor
  • The victim is unconscious or the offender knows the victim is unaware of the crime being perpetrated against them
    • First-degree misdemeanor
  • The offender gave the victim drugs or intoxicants such that the victim was made unaware of the crime being perpetrated against them
    • First-degree misdemeanor
  • The victim suffers from a mental disability that makes them incapable of giving consent
    • First-degree misdemeanor
  • The victim is under the age of 16 and the offender is four (4) or more years older than the victim
    • Second-degree misdemeanor
  • The victim is under the age of 13
    • First-degree misdemeanor;
    • Third-degree felony if the following apply:
      • Second offense;
      • The offender has a history of indecent assault;
      • The indecent assault was committed by touching the victim’s sexual parts with the offender’s sexual parts;
      • The indecent assault was committed by touching the offender’s sexual parts with the victim’s sexual parts.

You could face the following penalties if you are charged with aggravated indecent assault:

  • By forcible compulsion
    • Second-degree felony
  • By the threat of forcible compulsion, such that it prevents resistance by the victim
    • Second-degree felony
  • The victim is unconscious or the offender knows the victim is unaware of the crime being perpetrated against them
    • Second-degree felony
  • The offender gave the victim drugs or intoxicants such that the victim was made unaware of the crime being perpetrated against them
    • Second-degree felony
  • The victim suffers from a mental disability that makes them incapable of giving consent
    • Second-degree felony
  • The victim is under the age of 16 and the offender is four (4) or more years older than the victim
    • Second-degree felony
  • The victim is under the age of 13
    • First-degree felony

If you are facing indecent sexual assault charges, it is crucial to hire an attorney right away and not talk to the police or prosecutors, even if you are completely innocent and trying to explain your side of the story.

Let an attorney do the talking.

OUR NUMBER ONE GOAL:

TO HAVE YOUR SEX CRIME CHARGES DISMISSED

CALL KETCHEL LAW TODAY:

412-456-1221 FOR A FREE CONSULTATION

At Ketchel Law, we understand that not everyone accused of a crime is guilty. There are two sides to every story. We will take your case very seriously and work toward having your charges reduced or your case dismissed.

There are several defenses to sex crimes. We will fully investigate your case, examining all angles and gathering testimony and witnesses on your behalf. We will go over the charges and the procedures taken by law enforcement carefully.

We will aggressively look for any evidence to build a strong case for you and discredit the alleged victim’s testimony.

It is our goal to have your case dismissed and charges reduced and if that is not possible, we will fight aggressively to keep your name off of the national registry of sex offenders.

If you have been charged with a sex crime call Pittsburgh Criminal Attorney Justin J. Ketchel for a free consultation.

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Learn more about Ketchel Law and Sex Crime Laws in Pennsylvania:

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Call Ketchel Law now for a free legal consultation at 412-456-1221.

OUR NUMBER ONE GOAL: GETTING YOUR CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221

FREE CONSULTATION