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Criminal Law Review Guide

Sexual Offenses:
General information:
It is not a defense that the defendant did not know the childs age when a child is below 14 years old
It is a defense for the defendant to prove that he reasonably thought the child was above the critical age over 14 years old
Any evidence of the victims past sexual conduct may not be included in the trial, unless the past conduct was with the defendant.
**Prompt reporting to police is not necessary.
Evidence of victims resistance to the actors forward sexual advances is not required for prosecutions.
18 Pa.C.S. 3121 RAPE:
When a suspect engages in sexual intercourse with a victim under the following circumstances:
1.
2.
3.
4.

By forcible compulsion (force)


By threat of force that would prevent resistance from a reasonable person
When the victim is unconscious or unaware the sexual intercourse is occurring
When the victim suffers from a mental disability and is incapable of consent

Rape of a child occurs when sexual intercourse occurs with a victim LESS THAN 13
Rape of a child with serious bodily injury occurs when an actor engages in sexual intercourse with a child less than 13 and the child
suffers serious bodily injury as a result.
18 Pa.C.S. 3121.1 Statutory Sexual Assault
When a person has sex with another who is less than 16 years old AND the actor is four or more years older than the victim and the
two parties are not married
18 Pa.C.S. 3123 Invol. Deviate Sexual Intercourse
Definition: Oral or anal sex (per os or per anus) between humans or any sex with an animal. Also includes penetration however
slight of the genitals or anus of another with a foreign object by:
1. Forcible compulsion (force)
2. Threat of force that would prevent resistance from a reasonable person
3. When the victim is unconscious or unaware the sexual intercourse is occurring
4. When the victim suffers from a mental disability and is incapable of consent
5. When the actor gives the victim drugs or intoxicants to prevent resistance
6. When the victim is less than 16 and the actor is four or more years older and they are not married
IDSI With a child: Deviate sex with a victim less than 13
IDSI with a child with serious bodily injury: Deviate sex with a victim less than 13 and suffers from serious bodily injury as a
result
18 Pa.C.S. 3124.1 Sexual Assault
Sex or deviate sex with a victim without their consent
18 Pa.C.S. 3124.2 Institutional Sexual Assault
When an employee of a facility (ie; corrections, youth center, forestry camp, residential facility, mental health or mental retardation
facility) has sex, deviate sex, or indecent contact with a resident, patient, or inmate or the facility.
18 Pa.C.S. 3125 Aggravated indecent assault
When a person penetrates however slightly the genitals or anus of another with a part of their body:
1.
2.
3.
4.
5.

Without consent
By force
Threat of force
Victim is unconscious or unaware of the penetration
When the actor has impaired the victim by drugs or intoxicants

6.
7.
8.

the victim has a mental disability


Victim is less than 13
Victim is less than 16 and the actor is four or more years older and they are not married

18 Pa.C.S. 3126 Indecent Assault


When an actor has indecent contact with a victim or causes the victim to have indecent contact with him or causes the victim to
come into contact with semen, urine, or feces for sexual gratification:
1. Without consent
2. By force
3. Threat of force
4. Victim is unconscious or unaware of the penetration
5. When the actor has impaired the victim by drugs or intoxicants
6. The victim has a mental disability
7. Victim is less than 13
8. Victim is less than 16 and the actor is four or more years older and they are not married
Definition: Indecent Contact: Touching of the sexual parts of another for sexual gratification of either party
18 Pa.C.S. 3127 Indecent Exposure
When a person exposes his or her genitals in a public place or in a place where people are likely to be offended. (section to charge for
exposure of breasts and buttocks is 18 Pa.C.S. 5901 Open Lewdness)
18 Pa.C.S. 3129 Sexual Intercourse with an animal
Any form of sexual intercourse with an animal
18 Pa.C.S. 3130 Conduct Relating to Sex Offenders
1.

Sex offenders must comply with requirements of probation, parole, or registration

2.

Any person who assists the offender elude police, who withholds information or doesnt notify police, who harbors
or assists, conceals or attempts to conceal, provides false information about the offender to police is guilty of this
section
Criminal Homicide
18 Pa.C.S. 2501 Criminal Homicide; 3 Classifications
Murder
Invol. Manslaughter
Vol. Manslaughter
18 Pa.C.S. 2502 Murder: 3 Degrees
1st Degree Murder: Intentional Killing (lying in wait, poison, any willful deliberate premeditated killing)
2nd Degree Murder: Any criminal homicide occurring during the commission of a felony (see list below) as an accomplice of
principal offender
Felonies for 2nd degree murder: robbery, rape, deviate sexual intercourse (by force of threat of) arson, burglary, kidnapping
3rd Degree Murder: All other kinds of murder (malicious intent)
18 Pa.C.S. 2503 Vol Manslaughter: Killing of another without justification while acting under sudden intense passion from serious
provocation from:
1.
2.

The person that was killed


Someone else the actor wanted to kill but negligently or accidentally caused the death of another

UNREASONABLE BELIEF KILLING: (Also Vol. Manslaughter) When a person with intent knowingly kills another believing
circumstances are such that the killing is justified but that belief is unreasonable
18 Pa.C.S. 2504 Invol Manslaughter:
When someone causes the death of a person when he does something unlawful in a reckless or negligent manner, or does a lawful act
in a reckless or negligent manner.
This is a felony 2 when the victim is under 12 and the actor is in care an custody of the victim

18 Pa.C.S. 2505 Causing or Aiding Suicide:


When someone causes a suicide by force, duress, or deception or when a person aids or solicits another to commit suicide and that
conduct causes a suicide or a suicide attempt
18 Pa.C.S. 2506 Drug Delivery Resulting in death:
When someone gives, sells etc. another drugs and as a result of using the drugs, the person dies.
Assault:
18 Pa.C.S. 2701 Simple Assault: (when charging this section Harassment is a lesser included crime)
1.
2.
3.
4.

When a person attempts to or actually causes bodily injury to another person


Negligently causes bodily injury with a deadly weapon
puts someone in fear of serious bodily injury by physical menace
conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law
enforcement officer or corrections officer or detention officer
When the victim is under 12 and the actor is 21 or older Simple Assault is an M-1
18 Pa.C.S. 2702 Agg. Assault: (when charging this section Simple Assault and Harassment are lesser included crimes)
1.
2.
3.
4.
5.
6.
7.

When a person attempts to or causes serious bodily injury showing extreme indifference to the value of human life
Attempts to cause or causes bodily injury to enumerated person in subsection C (REFER TO BLUE BOOK PAGE 506
2702(C))
Attempts to cause or causes bodily injury to those enumerated in subsection c while performing their duties
Attempts to or causes bodily injury to another with a deadly weapon
Attempts to or causes bodily injury to teaching staff
Puts those enumerated in Subsection c in fear of serious bodily injury by physical menace while performing their duties.
Uses tear or noxious gas or electronic immobilization devices (Tasers) against those enumerated in subsection c while
performing their duties.

**Note that an offense that would normally be graded as a simple assault becomes an agg assault when it is committed against any
individuals noted in subsection c (pg 506 in the blue book)
18 Pa.C.S. 2705 Recklessly Endangering Another Person:
When someone engages in conduct which places or may place another in danger of death or serious bodily injury
18 Pa.C.S.2706 Terroristic Threats:
Communication directly or indirectly with intent to
1. commit a crime of violence with the intent to terrorize another
2. cause evacuation of a building, place of assembly etc.
3. otherwise cause serious public inconvenience or cause terror with reckless disregard of risk of causing the inconvenience
or terror
18 Pa.C.S. 2709 Harassment:
When a person intends to harass, annoy or alarm another:
1.
2.
3.
4.
5.
6.

By striking, shoving, kicking or otherwise subjecting the person to physical contact, or even attempts or threatens it
By following the person in or about a public place(s)
repeatedly commits acts which serve no legitimate purpose (ie: repeatedly calling an ex-lover)
Communicates lewd, lascivious, threatening or obscene words language, or drawings to another
communicates repeatedly in an anonymous manner
communicates at inconvenient hours

18 Pa.C.S. 2906 Criminal Coercion:


When a person, with the intent to unlawfully restrict freedom of action of another person he threatens:
1. to commit any crime
2. accuse anyone of a crime
3. expose a secret subjecting someone to hate, contempt, or ridicule
4. take or withhold official action, or cause an official to take or withhold action
In addition to this briefly review chapters 43, 47, 49, 51, 53, 55, 59.