Full question:
What is the differance between indecent assult and aggravated indecent assult?
- Category: Criminal
- Subcategory: Assault
- Date:
- State: Pennsylvania
Answer:
The following are Pennsylvania statutes:
18 Pa.C.S.A. § 3125. Aggravated indecent assault
(a) Offenses defined. — Except as provided in sections 3121
(relating to rape), 3122.1 (relating to statutory sexual assault), 3123
(relating to involuntary deviate sexual intercourse) and 3124.1 (relating
to sexual assault), a person who engages in penetration, however slight,
of the genitals or anus of a complainant with a part of the person's body
for any purpose other than good faith medical, hygienic or law
enforcement procedures commits aggravated indecent assault if:
(1) the person does so without the complainant's consent;
(2) the person does so by forcible compulsion;
(3) the person does so by threat of forcible compulsion that would
prevent resistance by a person of reasonable resolution;
(4) the complainant is unconscious or the person knows that the
complainant is unaware that the penetration is occurring;
(5) 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;
(6) the complainant suffers from a mental disability which renders him
or her incapable of consent;
(7) the complainant is less than 13 years of age; or
(8) 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.
(b) Aggravated indecent assault of a child. — A person commits
aggravated indecent assault of a child when the person violates
subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less
than 13 years of age.
(c) Grading and sentences. —
(1) An offense under subsection (a) is a felony of the second degree.
(2) An offense under subsection (b) is a felony of the first degree.
18 Pa.C.S.A. § 3126. Indecent assault
(a) Offense defined. — 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:
(1) the person does so without the complainant's consent;
(2) the person does so by forcible compulsion;
(3) the person does so by threat of forcible compulsion that would
prevent resistance by a person of reasonable resolution;
(4) the complainant is unconscious or the person knows that the
complainant is unaware that the indecent contact is occurring;
(5) 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;
(6) the complainant suffers from a mental disability which renders the
complainant incapable of consent;
(7) the complainant is less than 13 years of age; or
(8) 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.
(b) Grading. — Indecent assault shall be graded as follows:
(1) An offense under subsection (a)(1) or (8) is a misdemeanor of the
second degree.
(2) An offense under subsection (a)(2), (3), (4), (5) or (6) is a
misdemeanor of the first degree.
(3) An offense under subsection (a)(7) is a misdemeanor of the first
degree unless any of the following apply, in which case it is a felony of
the third degree:
(i) It is a second or subsequent offense.
(ii) There has been a course of conduct of indecent assault by the
person.
(iii) The indecent assault was committed by touching the complainant's
sexual or intimate parts with sexual or intimate parts of the person.
(iv) The indecent assault is committed by touching the person's sexual
or intimate parts with the complainant's sexual or intimate parts.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
