Sexual+Offenses+Period+1

= __**PA Law: Sexual offenses**__ = There are 5 different parts contributing to rape. A person who commits a felony of the first degree by forcible compulsion using force and threat. A person who is unconscious and unaware of the circumstances also withstands under the rape category. If a person suffers from a mental disability and are incapable of giving consent, as well as a person less than 13 years of age. May be sentenced to an additional term and fined $1000 more. Act: Commits a felony of the first degree using intercourse (anal, oral, and vaginal) No ejaculation needed, just a slight penetration. Penalty: Minimum: 48-68 Months in Prison Maximum of 10 years in Prison Fine: $25,000 Minimum $100,000 Maximum
 * AA & DK 1. Rape** **§ 3121**

No Longer a Law! (o.O)
 * AA & DK 2. Statutory Rape (Repealed)** **§ 3122**:

Act: A person who commits a felony of the second degree engaging in sexual intercourse (penetration of the two private parts with a complainant under the age of 16 years and is 4 or more years older than the complainant, but are unmarried. Fine: $25,000 Minimum $100,000 Maximum Penalty: 6-14 months in Prison Minimum
 * AA & DK 3**. **Statutory Sexual Assault** **§ 3122.1**:

Act: Person who commits a felony of the first degree and engages in deviate sexual intercourse of a complainant (anal, oral or vaginal between humans or intercourse with animals.) Includes penetration however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith, medical, hygienic or lawful enforcement procedures. By force or threat to person who is unconscious and unaware, or has a mental disability. A victim (less than 13 or less than 16 of age when the person is four more years or older and not married) may be given drugs to settle resistance without knowledge.
 * AA & DK 4. Involuntary Deviate Sexual Intercourse** **§ 3123:**

Penalty: Minimum: 48-68 months Fine: $25,000 Minimum $100,000 Maximum

No Longer a Law! (o.O)
 * AA & DK 5. Voluntary Deviate Sexual Intercourse (Repealed)** **§ 3124:**

Sexual Assault: A person who commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without consent of the complainant. Sexual Institutional Assault: A person who is an employee or agent of the department of corrections or a county correctional authority, youth development center, youth forestry, state or county juvenile detention facility, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, patient, or resident. So basically that means if someone of authority has sex with someone being detained, they can get in trouble.
 * AA & DK 6. Sexual Assault or Institutional Sexual Assault** **§ 3124.1**:

Penalty: 36-54 Months in Prison Fine: $25,000 Minimum $100,000 Maximum

A person who engages in penetration however slight of the genitals, or anus of the complainant with a part of the person's body for any purpose other than good faith, medical hygienic, or law enforcement procedures commits aggravated and indecent assault, a felony of a second degree if: > the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring
 * AA & DK 7. Aggravated Indecent Assault** **§ 3125**:
 * The person does so without consent, by forcible compulsion, threat or force, and prevents resistance.
 * The person has substantially, impaired, the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant by using drugs, intoxicants, or other means of or the purpose of preventing resistance.
 * The complainant suffers from a mental disability rending the person from consent being less than 13 years or age or less than 16 when the person ids four or more years older and not married.

Penalty: 22-36 Months Fine: $25,000 Minimum $100,000 Maximum

A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and:
 * AA & DK 8. Indecent Assault** **§ 3126:**
 * the person does so without the complainant's consent and the person does so by forcible compulsion (Misdemeanor of second degree)
 * the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution
 * the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring
 * the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance the complainant suffers from a mental disability which renders the complainant incapable of consent
 * the complainant is less than 13 years of age
 * The complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

Ultimately these are all misdemeanors of the first through third degree. At the same time, if the complainant is less than 13, it can be a felony. As well as if it is the second offense.

Penalty: 3 months minimum in prison. Maximum between 1-5 years depending on the misdemeanor Fine: $2,500 Minimum $10,000 Maximum


 * AA & DK 9. Indecent Exposure** **§ 3127:**

A person commits indecent exposure if that person exposes his or her genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm. If the person knows or should have known that any of the persons present are less than 16 years of age, indecent exposure under subsection (a) is a misdemeanor of the first degree. Otherwise, indecent exposure under subsection (a) is a misdemeanor of the second degree. Depending on the circumstances can be 1st degree and 2nd degree Penalty: 2-5 years prison Fine: $5,000 Minimum $10,000 Maximum

No Longer a Law! (o.O)
 * AA & DK 10. Spousal Sexual Assault (Repealed)** **§ 3128**:

A person who engages in any form of sexual intercourse with an animal commits a misdemeanor of the second degree. Penalty: 2 years in prison Fine: $5,000 Minimum
 * AA & DK 11. Sexual Intercourse With an Animal** **§ 3129**

A person commits a felony of the third degree if the person has reason to believe that a sex offender is not complying with or has not complied with the requirements of the sex offender's probation or parole, imposed by statute or court order and the person, with the intent to assist the sex offender in eluding a law enforcement agent or agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of the sex offender's probation or parole. Penalty: 7 years Fine: $15,000
 * AA & DK 12. Conduct Relating to Sexual Offenders** **§ 3130:**


 * KG Scenarios**:

Joey is 23 years old. One day he meets Jessica at the mall. She is 17 years old. They begin talking and Joey asks if Jessica wants to come back to his apartment. Jessica agrees because her and her mother had just got in a fight and her mother doesn’t expect her home for a while. When they get to joey’s apartment he asks if she wants something to drink. Jessica says no because she has never tried alcohol but joey insists and she tries some. After a little while she has drank 4 beers and they begin kissing and Joey takes her to his bedroom where they continue to kiss and eventually he begins to undress her and they have sex. She is very woozy by this time and she falls asleep. When she wakes up a couple of hours later she can’t remember consenting to have sex with him. What charges could be filed?

Kelley and her boyfriend Lee have consensual sex one night. Lee is 15 years old and Kelley is 19 years old. Lee’s Mother is very bad when she finds out Lee has had sex. She calls the police on Kelley. What could Kelley be charged with?

At work one day Dave bumps into Diana. He touches her breast and she takes offense to it and reports it to her boss. Her boss tells her that the matter should be taken to the police. She believes that the act was intentional but she can't prove it. She wants to know whether the charges will stick on Dave. What could Dave be charged with and what could his sentence be?


 * KG Local example:**

A northeastern Pennsylvania man who already pleaded guilty in a federal child pornography case now faces rape charges. Online court records don't list an attorney for 45-year-old Michael Bonsignore, who appeared before a Pike County magistrate Tuesday on dozens of charges including rape of a child and rape of a mentally disabled person. Authorities allege Bonsignore sexually assaulted an autistic girl and bragged in an online conversation that the girl wouldn't be able to communicate with anyone about the assaults. Bonsignore was first arrested last year after investigators in Sweden noticed a return address for the county domestic relations office on an envelope in one of the videos. He pleaded guilty in February to sexual exploitation of children.

A preliminary hearing is scheduled for May 2.