Aggravated indecent assault

PITTSBURGH AGGRAVATED INDECENT ASSAULT LAWYER

Section 3125 of the Crimes Code defines aggravated indecent assault. Aggravated indecent assault is either a first- or second-degree felony, which involves the “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” under a variety circumstances.

Aggravated assault constitutes a first-degree felony if the complainant is less 13 years of age, and the aggravated assault occurred under one of the circumstances set forth in Section 3125(a)(1)-(6). Otherwise, however, it’s a second-degree felony.

There are various mandatory-minimum sentences at play for those convicted of aggravated indecent assault, but the statute outlining the mandatory minimums, 42 Pa.C.S. § 9718, is not a model of clarity, and it creates sentencing disparities.

For instance, a person convicted of aggravated indecent assault of a child less than 13 years of age is subject to a five year mandatory minimum under 42 Pa.C.S. § 9718(a)(3). A person convicted of aggravated indecent assault of a child less than 13 years of age who’s convicted under 18 Pa.C.S. § 3125(a)(1)-(6) (a first-degree felony), however, is subject to a ten year mandatory minimum under 42 Pa.C.S. § 9718(a)(3). Further still, a person convicted of aggravated indecent assault under 18 Pa.C.S. § 3125(a)(1)-(6) and the complainant is less than 16 years of age, that convicted offender is subject to a five year mandatory minimum under 42 Pa.C.S. § 9718(a)(1)

As of April 23, 2018, Section 9718.5 of the Judiciary Code requires that a person convicted in Pennsylvania of an offense under 42 Pa.C.S. § 9799.14(d) (Tier III sex crimes) be sentenced to probation for three years “consecutive to and in addition to any other lawful sentence.”

Apart from the direct consequences of being convicted of aggravated indecent assault, those convicted are subject to lifetime registration as a sex offender on the Megan’s Law registry maintained by the Pennsylvania State Police.