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What is Aggravated Indecent Assault?

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Aggravated indecent assault requires only penetration "however slight."

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By Elisabeth K.H. Pasqualini, Sex Crimes Defense Lawyer, Harrisburg, PA

Under Crimes Code § 3125(a), enacted in 1990 and as amended in 1995 and amended twice and relettered in 2002, it is provided that "[e]xcept 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." 

Under Crimes Code § 3125(c)(1), enacted and amended in 2002, aggravated indecent assault is a felony of the second degree.

 

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