Period+3+Sexual+offenses

Sexual offense Statues

18 § 3121. Rape (AH)
 * Summary- A person commit a Felony when he/she have sexual intercourse ( any physical contact between two individuals using oral or anal) with someone who doesn't want or who's isn't aware of the fact of what is being happening to them using drugs alcohol etc. Also knowling using forcible compulsion to the person (by physical force or threat).
 * Grading- Felony of First Degree
 * Punishment- You can be sentence to up maximum of 10 years and or fined of up to $100,000 with $25,000 minimum. If it was a child that leeks the under age of 13 and is with seriously body injury then you could get serve up to life imprisonment.

§ 3122.1. Statutory sexual assault (AH)
 * Summary- A person commit a second degree felony when having sexual intercourse with a complaint (under age of 16). Either four years older but less than eight years older than complaint or eight years older but less than 11 years older then complainant.
 * Grading-Felony of second degree
 * Punishment- To pay a $25,000 minimum to $100,000 maximum fined and could be 6-14 months in Prison Minimum

§ 3123. Involuntary deviate sexual intercourse (AH)
 * Summary- A person commits a felony of first degree when a person have sexual intercourse with a complaint either forceable compulsion, threat, unconscious or unaware of sexual intercourse, the person has power of the complaint, mental disability, or less than age of 16 and older then the complaint of four or more years older.
 * Grading- Felony of first degree
 * Punishment- Should be no more then up to four years or with a minor (Child) can get life imprisonment if not up to $25,000 minimum to $100,000 maximum fined

§ 3124.1. Sexual assault (AH)


 * Summary- A person commits a felony of the second degree when that person engages into sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent or allowing it to happen.
 * Grading- Felony of second degree
 *  Punishment- 36-54 Months in Prison Fine:$25,000 Minimum $100,000 Maximum

§ 3124.2. Institutional sexual assault (AH)

 * Summary- When a person commit a felony of third degree when he /she is employe or agent of the department of corrections or a youth development camp, state or county juvenile detention facility anything serving youth children. If that person engages sexual intercourse or indecent contact with a inmate.
 * Grading- Felony of third degree
 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">Punishment


 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">3127 Indecent exposure **


 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">A person commits indecent exposure if that person exposes his or her genitals in any public place or in any place where there are other people. If he knows or should have known that people under the age of 16 years old, he will be charged with misdemeanor of the first degree. Otherwise, he will be charged with misdemeanor of the second degree. **


 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">3129 Sexual intercourse with an animal **


 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">A person can be charged with a misdemeanor of the second degree, if he/she has any sexual intercourse with any kind of animal. **


 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">3130 Conduct of a sex offender **


 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">A person will be charged with a felony in the third degree if the sex offender did not register to a sex offender database, harbors a sex offender or assists in harboring a sex offender, or attempts to harbor or assist in harboring a sex offender **


 * <span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|__§ 3125.__] <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;"> Aggravated indecent assault. (RL) **


 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">Summary- When a person commits an aggravated assult of a sexual nature. The person would have had to wound, maim, disfigure or endanger the life of the complainant. The person engages in penetration, however slight, of the genitals or anus of a companiant with a part of a persons body for any reason other than medical, hygienic, or law enforcment. **


 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">Grade- Felony **


 * <span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|__§ 3126.__] <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;"> Indecent assault (RL) **


 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">Summary- When a person has indeent contact with the complainant, causes the complainant to habe indecent contact with the person or intentionally causes the person to come in conact with seminal fluid, urine, or feces for the purpose of sexual desire. **


 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">Grade- Misdemeanor **

=Scenario's=

**<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">Scenario One. Alexis is at a party with a few of her of her friends and they are all under the influence of alcohol. She loses track of her friends and is by herself at the party. Thats when she sees Chris who starts talking to her and they get into a conversation. She asks him to give her a ride home from the party and he says he would. When they are in the car they begin kissing and are doing that for awhile until he tries to start taking off her clothes. She tells him no but he proceeds to anyhow but she doesn't really resist him. He proceeds to take off her clothes and takes off his as well and then starts touching her. Again she tells him to stop but then once again uses minimal resistance besides squirming slightly. He then begins to have intercourse with her and she starts telling him that it hurts and she wants him to stop but again he ignores her and she doesn't resist because she thinks he might hurt her. **   **<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">Scenario 2: 15 year old girl Alex invited 18 year old boy Mike into her home to their project together. Once they got into the house alex and mike begin to work on their partner project together. Later on mike pulls out a bottle of alcohol and tells alex to drink some it’s alex tastes the alcohol and starts to drink more and more then she ends up drinking 3 fourths of the bottle and forgetting about the project. Alex said wait here I’ll be back then begin to walk to her bedroom and soon as she walk mike begin to follow her in her room. She said mike I’m coming back. Mike ignores here and still follow here in the room. Once they were in the room alex reach over her bed to get a piece of paper and when mike pushes her on the bed and begin to kiss her she tell him stop.He still kiss her and begin unbutton down her shirt. For the second time she tell him to stop again and then she noticed that he took of her pants and begin to have intercourse with her. (AH) ** ==== Scenario 4: A man convicted of raping and strangling an 11-year-old eastern Pennsylvania girl more than two decades ago is seeking a new trial, citing DNA evidence. 44 year-old Scott Oliver is serving a life sentence in the August 1989 murder of Melissa Jaroschak, who lived in Easton. He has been sentenced to a maximum of 999 years for criminal homicide, rape for a maximum of 20 years, involuntary deviate sexual assault for a maximum of 20 years, and indecent assault for a maximum of 2 years. ====
 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">Scenario 3: Thomas 15 year old was at the mall with all his friends Jeffery 18, and Michael 18. They were walking around the mall until they met these girls at the mall Samantha who’s 19 Channel who’s 18 and Naya who’s 18. They began talking and to each other and then they decide to party later on that night. Later on that night they met up at Channel house because her parents were outer town for the weekend. They met at her house they had drinks and food Channel parents had lots of of liquor in the house so she decides to pull out bottles of liquor later on everyone one was drunk. Later on at the house Channel walk out the room and ask Thomas to come along with her because she needs his help with something. So they walk into the room together as thomas walk in first channel walked behind him and shut the door and pushes him onto the bed. She began to kiss him and and he kisses her back and then they started to take each other clothes off. **

= **Question's** =

1.) Depending on the type of felony that was committed should there be a bigger punishment ? Or should we even think about changing up the law ? Depending on what weapon was use or even method. Think about if that child or person could ever recover for something like that in there lifetime.? (AH)

2.) How could we criminal tell if someone is telling the truth or a lie just to cover up the fact that he/she did what she did is there a way around to get the truth out out of someone? (AH)

3.) Can we criminal hold someone for rape if he/she had sexual intercourse with a minor not knowing there age ? Could we change it from sixteen do a human have full consent of the brain or fully develop and can make it's own choices?