Involuntary deviate sexual intercourse (IDSI) is nearly identical to the rape statute found at Section 3121 of the crimes code. IDSI differs from rape, however, in this respect: the crime principally punishes oral sex, anal sex, sexual intercourse with an animal, and the penetration of another’s genitals or anus with a foreign object.
IDSI is a first-degree felony, and those convicted of IDSI involving a person less than 16 years old are subject to a mandatory-minimum sentence of 10 years. In instances, however, of IDSI involving a child less than 13 years of age, the maximum possible penalty is extended to 40 years. Those convicted of IDSI of a child where the child suffers “serious bodily injury in the course of the offense” may be sentenced up to a maximum term of life in prison.
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 IDSI, those convicted are subject to lifetime registration as a sex offender on the Megan’s Law registry maintained by the Pennsylvania State Police.
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