PA_2010_1st_Sexual+Offenses

PA Laws 2010 - January PA Sexual Offenses Local Case PA Sexual Offenses 2010 Questions PA Sexual Offenses 2010 Scenario Definitions- __Complainant__- who they think the victim is __Deviate sexual intercourse__-Sexual intercourse with any human being or animal no matter if its gay or straight. __Forcible compulsion__- When you use force to restrain someone. It could be physical, mental, emotional, or psychological. __Foreign object__- Anything that can be used in sexual intercourse that is not a part of the peoples bodies. __Indecent contact__- Touching of the body that is sexual in order to turn the other person on. __Sexual Intercourse__- Besides its regular meaning, it counts for anus or regular sex, no matter how long it happens for
 * Sexual Offenses:**

__Mistakes as to Age__- If a child is below the age of 14 the defendant cannot say that he didn't know the age of the child. If a child is older than the age of 14, the defendant could create a case with evidence that proves he/she didn’t know the child's age.

__Evidence of victim's sexual conduct__- The victims past sexual life should not be heard in court unless the sexual intercourse was with the defendant and it is part of the issue.

__Prompt complaint__- Even if the victim does not report the crime right away, it does not mean that the prosecutor could not get convicted.

__Testimony of complaints__- The jury must not look at the evidence thinking that there were no witnesses. It still could have occurred, so the jury must listen to what the complainant is saying.

__Resistance not required__- The victim does not have to fight back to show that it occurred. It can still happen if the victim doesn’t fight back. Definition- A person commits a first degree felony when the person has sex with somebody: 1) By force 2) By threat of force that would prevent resistance by someone of reasonable resolution 3) Who is unconscious or where the person knows the victim is unaware that sex is occurring 4) Where the person has given the victim some kind of drug or intoxicant, where the victims could no longer defend themselves. 5) Who suffers from a mental disability.
 * Rape:**

B) Additional Penalties- in addition to the penalty given in (A), a person may be sentenced to an additional term not exceeding ten years' imprisonment and a fine not exceeding $100,000 where the person has sex with the victim after intoxicating him or her without his or her knowledge. C) Rape of a Child- A person commits a first degree felony when the person has sex with somebody who is under 13 years of age D) Rape of a Child With Serious Bodily Injury- A person commits a first degree felony when the person has sex with somebody who is under 13 years of age and the victim suffers serious bodily injury during the offense E) Sentences- Not withstanding section 1103, a person convicted of an offense under. 1) Subsection (C) will be sentenced to a term of imprisonment decided by the court not exceeding 40 years. 2) Subsection (D) will be sentenced up to a maximum of life imprisonment.

Except under the terms given in section 3121 (Rape), a person commits a second degree felony when the person has sex with somebody who is 16 years or younger and the person is four or more years older than the victim, and they are not married.
 * Statutory Sexual Assault:**

A) Offense Defined- A person commits a first degree felony when the person engages in deviate sex with someone 1) By force 2) By threat of force that would prevent resistance by someone of reasonable resolution 3) Who is unconscious or where the person knows the victim is unaware that sex is occurring 4) Where the person has given the victims some kind of drug or intoxicant, where the victims could no longer defend themselves.
 * Involuntary Deviate Sexual Intercourse:**

5) Who suffers from a mental disability 6) Who is under 13 years of age, or 7) Who is under 16 years of age and the person is four or more years older than the victim, and they are not married. B) Involuntary Deviate Sexual Intercourse With a Child- A person commits involuntary deviate sexual intercourse with a child when the person engages in deviate sex with a victim who is less than 13 years of age. C) Involuntary Deviate Sexual Intercourse With a Child With Serious Bodily Injury- A person commits involuntary deviate sexual intercourse with a child when the person engages in deviate sex with a victim who is less than 13 years of age and the victim has suffered serious bodily injury during the offense. D) Sentences. Sentences- Notwithstanding section 1103, a person convicted of an offense under. 1) Subsection (B) will be sentenced to a term of imprisonment decided by the court not exceeding 40 years. 2) Subsection (C) will be sentenced up to a maximum of life imprisonment. E) Definition- As used in this section, using force includes, but is not limited to, compulsion resulting in another person's death, whether the death happened before, during, or after sex.

3124.1-Sexual Assault- Occurs when someone acts in sexual intercourse or deviate sexual intercourse with the victim without the victim's consent. Second degree felony.

3124.2-Institutional sexual assault- Occurs when a person who works in a state correction facility, youth development center, youth forestry camp, State or juvenile detention facility, other licensed residential facility serving the youth, or mental heath or mental retardation facility engages in sexual intercourse, deviate sexual intercourse, or indecent contact with and inmate, detainee, patient or resident. Third degree felony.

3125-Aggravated Indecent Assault-When A Person Engages In Slight Penetration Of The Genitals Or Anus Without The Complainant Consent. 1.Person Forces The Complainant 2.Person does it While The Complainant Is Unconscious 3.Person Does It While Complainant Is Impaired With Drugs Or Alcohol 4.The Person Does It While The Complainant Is Mentally Disabled 5. The Person Does It To The Complainant Less Than 13 Years Of Age Or If The Complainant Is Less Than 16 Years Of Age And The Person is 4 Or More Years Older. 6.Doing 1-4 To A Person Who Is 13 Years Of Age Or Younger 1-5 is a Second Degree Felony 6 Is A Second Degree Felony

When A Person Has Indecent Contact With The Complainant, Causes The Complainant To Have Indecent Contact With Someone Else Or Have The Come In Contact With Sperm, Urine Or Feces To Arouse The Guilty Person 1. Without Consent Of Complainant 2. Person Does It By Force 3. Person Threatens And Does It By Force 4.The Complainant Is Unconscious 5. The Complainant Is Under The Influence Of Drugs Or Alcohol 6.The Complainant Is Mentally Disabled 7.The Person Does It To The Complainant That Is Less Than 13 Years Of Age 8. If The Complainant Is Less Than 16 Years Of Age And The Person is 4 Or More Years Older. 1 and 8 Are Second Degree Misdemeanor 2-6 Are First Degree Misdemeanor 7 Is First Degree Misdemeanor But Is Changes To A 3rd Degree Felony If 1. The Offense Is Repeated 2.There Has Been A History of This 3.Touching The Complainant Genital Parts With Another Person Genital Part 4.Touching The Complainant Genital Parts With The Prosecutor’s Genital Part
 * Indecent Assault**-

Indecent Exposure- Exposing Genitals In A Public Place Or In A Place That He Knows The People Will Be Offended Or Alarmed.

Cases
On December 29th, 2009, Robert Conway was sentenced to 10-36 years for raping a York county boy. Apparently, Conway, who was a friend of the victim's family, bound, gagged, and raped a thirteen year old boy, threatening to kill him if he told anybody. He then fled the state in the victim's mother's car. He was found in Fort Wayne, Indiana, and brought back to Pennsylvania for trial. He was also found to be a violator of Megan's Law, for having sex with a 15 year old girl in 1995.