What distinguishes indecent assault from aggravated indecent assault?

Full question:

What is the differance between indecent assult and aggravated indecent assult?

  • Category: Criminal
  • Subcategory: Assault
  • Date:
  • State: Pennsylvania

Answer:

In Pennsylvania, indecent assault and aggravated indecent assault are defined under different statutes with varying degrees of severity.

Indecent assault (18 Pa.C.S.A. § 3126) occurs when a person has indecent contact with another person without their consent or through coercion, or if the complainant is unable to consent due to being unconscious, mentally disabled, or underage (less than 13 years old). Indecent assault can also involve causing the complainant to come into contact with bodily fluids for sexual arousal. The penalties vary, with some offenses classified as misdemeanors.

Aggravated indecent assault (18 Pa.C.S.A. § 3125) involves more severe actions, such as penetration of the genitals or anus without consent. It is classified as a felony and includes circumstances like using force, threats, or taking advantage of a complainant's incapacity to resist. If the complainant is less than 13 years old, the offense is considered aggravated regardless of the circumstances.

In summary, the key difference lies in the nature of the act (indecent contact vs. penetration) and the severity of the offenses, with aggravated indecent assault carrying heavier penalties.

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.

FAQs

Aggravated assault is typically defined as an attack that causes serious bodily injury to another person or involves the use of a deadly weapon. It is considered more severe than simple assault due to the intent to cause significant harm or the use of dangerous instruments. The specific definitions and penalties may vary by state. In Pennsylvania, aggravated assault is classified as a felony and includes acts that show a disregard for human life (18 Pa.C.S.A. § 2702). *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.*