What is aggravated indecent assault?

If you are charged with aggravated indecent assault in Pennsylvania, this is a statutory charge that is unique to our state. Were you charged with committing the same act(s) in another state, the charge would be different. As explained by AgeOfConsent.net, Pennsylvania’s aggravated indecent assault statute is aimed at people who illegally penetrate, however slightly, the anus or genitals of a child under the age of 16 with some part of their own body.

There are two levels of aggravated indecent assault in Pennsylvania, and both are felonies. Second degree felony charges encompass illegal sexual penetration of a child under the age of 16. If a judge or jury convicts you of one of these crimes, you could face a prison term of up to 10 years and a fine of up to $25,000. First degree felony charges encompass illegal sexual penetration of a child under the age of 13. If you are convicted of one of these crimes, you could face a prison term of up to 20 years and a fine of up to $25,000.

Second degree felony charges

To be convicted of aggravated indecent assault in the second degree, the prosecutor must be able to prove that in addition to your victim being under 16 years of age, one or more of the following applied:

  • You were at least four years older than your victim and were not married to her or him.
  • Your victim had a mental disability.
  • You gave alcohol or drugs to your victim before assaulting her or him.
  • Your victim was unconscious at the time of your assault.
  • You committed your assault by means of threats or some type of forcible compulsion.
  • Your victim did not consent to your assault.

First degree felony charges

To be convicted of aggravated indecent assault in the first degree, the prosecutor must be able to prove that in addition to your victim being under 13 years of age, one or more of the above listed situations applied with one exception. That exception is that you need not have been four years older than your victim.

This information is only intended to educate and should not be interpreted as legal advice.

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