The Pennsylvania Criminal Code defines a number of different Sex Crimes by requiring actual physical touching between two people. However, you may be charged with a Sex Crime if you “touch” someone through other means. This crime is known as Indecent Assault. Found at 18 PACS 3126, Indecent Assault is the contact, or “touching,” of another person through fluids (semen, urine, or feces).
Cases involving Indecent Assault are often graphic and difficult to talk about. You may be found guilty of Indecent Assault if the District Attorney is able to prove that you made contact with another person through seminal fluids, urine, or feces with the purpose of arousing sexual desire in the other person or yourself and that you:
- Did not have complainant’s consent;
- Used force;
- Threatened to use force;
- Made contact without the complainant was unaware of your actions of unconscious;
- Made contact after preventing resistance by giving the alleged victim drugs or alcohol;
- Made contact wit a mentally disabled person rendering that person unable to give consent;
- Made contact with a child under the age of 13;
- Made contact with a child under the age of 16 when you are four or more years older.
A key defense to these Crime is the element of consent. In most circumstances, if you are able to prove that you made contact through fluids and the other person was a CONSENTING adult, you have a much better chance of proving your innocence. This is why hiring an experienced criminal defense attorney
is incredibly important. The District Attorney will have multiple ways of trying to prove your guilt. A good defense begins early and must be aggressive.
If you are found guilty of the Crime of Indecent Assault, you are looking at some serious penalties. Depending on your facts, you may be sentenced to a Misdemeanor of the third degree or a Felony of the third degree. The seriousness of your sentence and the extent of your punishment depends on the elements listed above and your specific charges.
As stated above, charges of Indecent Assault are very serious. Because of the nature of this crime, defending your rights requires someone trained in the law. At Morrow and Artim, P.C., we take great pride in our experience. We will do what is necessary to guide you through the confusing Criminal Process. Give my office a call for a no-obligation consultation. Call (412) 209-0657.
Give my office a call immediately so that we may set up a consultation and start a defense as soon as possible. Don’t give up your rights without a fight.