Erie, PA Sex Crime Defense Attorney

Pennsylvania law strictly prohibits a wide range of sex crimes, including sexual assault, rape, child pornography, indecent exposure, and internet-based offenses. Violations are treated as serious criminal offenses, often resulting in felony charges with severe penalties. Understanding these statutes is critical for anyone facing charges or seeking legal guidance.

Sexual Assault (§ 3124.1)

A person commits sexual assault if they engage in sexual intercourse or deviate sexual intercourse without the complainant’s consent.  Sexual assault is generally classified as a second-degree felony, carrying substantial penalties and long-term consequences.

Rape Defense (§ 3121)

Rape is a first-degree felony under Pennsylvania law. It occurs when a person engages in sexual intercourse with a complainant:

• By forcible compulsion or threats preventing resistance.
• When the complainant is unconscious or unaware.
• By administering drugs or intoxicants to impair judgment or prevent resistance.
• When the complainant suffers from a mental disability rendering them incapable of consent.

Rape of a Child

• Sexual intercourse with a child under 13 years old is considered a first-degree felony.
• Rape of a child causing serious bodily injury may result in life imprisonment.
• Courts may impose additional penalties up to 10 years and fines up to $100,000 for drug-facilitated sexual assaults.

Child Pornography & Internet Sex Crimes (§ 6312)

Pennsylvania criminalizes the sexual abuse of children, including photographing, filming, or digitally depicting prohibited sexual acts involving minors under 18.

• Distribution or possession of child sexual abuse material is strictly prohibited.
• First offenses are generally third-degree felonies, with second offenses second-degree felonies.
• Penalties increase if the child depicted is under 10 years old or if indecent contact is shown.
• The law includes reporting requirements for AI-generated material and protections for legitimate educational or scientific use.

Enforcement

District attorneys and the Pennsylvania Attorney General have authority to prosecute violations, including multi-county or interstate cases. Misrepresentations of age are not a defense in child pornography cases.

Indecent Exposure (§ 3127)

Indecent exposure occurs when a person exposes their genitals in public or around others under circumstances likely to offend, alarm, or affront.

• If minors under 16 are present, it is a first-degree misdemeanor.
• Otherwise, it is a second-degree misdemeanor.

Defending Against Sex Crime Charges

Pennsylvania sex crimes carry severe penalties, including lengthy imprisonment, fines, and mandatory registration as a sex offender. Common defenses include:

• Lack of intent or consent.
• Mistaken identity.
• Procedural errors or violations of constitutional rights.
• Evidence challenges, including the validity of eyewitness accounts or forensic results.

Consulting an experienced defense attorney is essential to navigate these complex laws, protect your rights, and pursue the best possible outcome.