Chapter 31: Sexual Offenses Flashcards
-any form of sexual intercourse w/ an animal
3129: Sexual Intercourse w/ Animal
M.2
-employee or agent of:
- dept of corrections, youth development center, youth forestry camp, state/county juvenile detention center, licensed resdidential facility serving children, mental health facility
- volunteer/employee of school, or person who has direct contact w/ a student at a school
- engages in:
- sexual intercourse, deviate sexual intercourse, or indecent contact
- w/ any intmate, detainee, patient, student, or resident
3124.2: Institutional Sexual Assault
F.3
-engages in deviate sexual intercourse w/ a complt:
- by forcible compulsion
- by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution
- who is unconscious, or where the person knows that the complt is unaware that sexual intercourse is occurring
- offender has substantially impaired complts ability by administration of drugs/intoxicants w/o complt knowledge
- complt suffers from a mental disability that prevents consent
- complt is less than 16y/o and offender is 4 or more years older; not married
3123(a): Involuntary Deviate Sexual Intercourse
F.1
- engages in sexual intercourse or deviate sexual intercourse w/ a complt
- w/o complt’s consent
3124.1: Sexual Assault
F.2
-engages in sexual intercourse w/ a complt less than 13 years of age
3121(c): Rape of a Child
F.1
**Sentence shall be to a max term not to exceed 40 years
-engages in sexual intercourse w/ a complt:
- by forcible complusion
- threat of forcible complusion that would prevent resistance by a person of reasonable resolution
- who is unconscious, or where the offender knows that the complt is unaware that sexual intercourse is occurring
- where offender has substantially impaired complt’s ability by administering drugs/intoxicants w/o complt knowledge
- who suffers from a mental disability which renders complt incapable of consent
3121(a): Rape
F.1
- indecent contact w/ complt; or
- causes complt to come into contact w/ seminal fluid, urine, or feces for the purpose of arousing sexual desire; AND
- does so by forcible compulsion, or thret of forcible compulsion that prevents resistance
- complt is unconsious, or knows that complt is unaware of contact
- has substantially impaired complt’s ability by drugs/intoxicants
- complt suffers from mental disability and cannot consent
- complt is less than 13 years of age
3126(a)(2)(3)(4)(5)(6): Indecent Assault
M.1
- engages in sexual intercourse w/ a complt to whom they’re not married to
- complt is under 16 years of age; AND
- person is 4 years older, but less than 8 years older than complt; OR
- person is 8 years older, but less than 11 years older than complt
3122.1: Statutory Sexual Assault
F.2
F.1= Complt is under 16y/o AND offender is 11 years or more older than complt
- exposes his/her genitals
- any public place, or place where others are present
- he/she knows/should have known
- that their conduct is likely to offend, affront, or alarm
3127: Indecent Exposure
M.2
M.1= knows/should have known persons present are less than 16y/o
-has indecent contact w/ complt, or causes complt to come into contact w/ seminal fluid, urine, or feces for the purpose of arousing sexual desire; AND
- w/o complt’s consent; AND/OR
- complt is less than 16y/o and the offender is 4 or more years older; not married to complt
3126(a)(1)(8): Indecent Assault
M.2
- has indecent contact w/ complt; OR
- causes the complt to have idecent contact with the person; OR
- intentionally causes complt to come into contact w/ seminal fluid, urine, or feces for the purpose of arousing sexual desire in the person or complt AND
- complt is less than 13 years of age
- second or subsequent offense
- course of counduct of indecent assault
- touching of complt’s sexual parts by the sexual parts of the offender (vice-versa)
3126(a)(7): Indecent Assault
M.1
F.3= if any of the four enhancers apply
Indecent Contact= any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person.
Deviate Sexual Intercourse
- sexual intercourse per os or per anus between human beings and any form of sexual intercourse w/ an animal
- penetration, however slight, of the genitals or anus of another person w/ a foreign object for any purpose other than good faith medical, hygenic, or law enforcement purposes
FORCIBLE COMPULSION
- compulsion by use of physical, intellectual, moral, emotional, or psychological force (expressed or implied)
- includes compulsion resulting in another persons death, whether death occurred before, during, or after sexual intercourse
Indecent Contact
-Any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person
Sexual Intercourse
-Intercourse which includes per os or per anus w/ some penetration however slight; emission not required
-Person convicted of:
- (3121) Rape
- (3122.1) Statutory Sexual Assault
- (3123) Invol. Deviate Sexual Intercourse
- (3124.1) Sexual Assault
- (3125) Aggravated Indecent Assault
- (3126) Indecent Assault
- or, a person required to register with PA State Police (42 Pa. C.S. 9795.2)
- may be required to forfeit any assets used to facilitate commission of the crime which the person has been convicted.Such property may include: computers, telephone, firearms, prescription drugs, motor vehicle or other assets as determined by the court
Loss of Property Rights
- violates section 3121 (related to rape)
- complt is less than 13 years of age
- complt suffers serious bodily injury in the course of the offense
3121(d): Rape of a Child w/ Serious Bodily Injury
F.1
**sentence= up to a max of life imprisonment
Engages in deviate sexual intercourse:
- w/ a child <13y/o
- who suffers SBI
3123(c): Invol. Deviate Sexual Intercourse w/ Child w/ Serious Bodily Injury
F.1
**Max term imprisonment= life in prison
- Engages in deviate sexual intercourse w/ a complt under 13y/o
3123(b) Involuntary Deviate Sexual Intercourse w/ Child
F.1
***Sentence= term not to exceed 40yrs
-engages in penetration, however slight, of the genitals or anus of a complt w/ a part of the person’s body for any purpose other than good faith medical, hygenic or law enforcement purposes and:
- does so w/o complt consent
- does so by forcible compulsion
- does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution
- complt is unconscious/doer is aware that the complt is unaware that penetration is occurring
- complt is substantially impaired by drugs, intoxicants
- complt is less than 13y/o
- complt is less than 16y/o and doer is four or more years older
3125: Aggravated Indecent Assault
F.2
F.1= complt is less than 13 years of age (when one of the 5 points apply)
-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:
(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
* (1) the person does so without the complainant’s consent
3126: Indecent assault
(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
