Pennsylvania Sex Crimes

Pennsylvania Sex Crimes are extremely serious charges. In this article we will go over some basic information and give you FREE no-obligation guides to help you through this.

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You probably have a lot of questions like…

• What crimes make you a sex offender?
• What are the maximum penalties for sex crimes in PA?
• What crimes get you on the sex offender list?
  • How do I get off Megan’s Law list in PA?
  • What sort of challenges to Megan’s Law in PA are going on?
  • Can kids be on Megan’s Law list in PA?
  • What is a sexually violent predator in PA?
• What are the statute of limitations on sex crimes in PA?
• Is consent a defense for sex crimes in PA?
• Can a teacher be accused of sex crimes with a student with no DNA?
  • Can a teacher or other mandatory reporter be charged for failing to report a sex crime in PA?
• Are sex crimes against children punished harsher in PA?
• What is a cold hit DNA sexual assault charge?

What crimes make you a sex offender?

We need to be careful with our terms. A sex offender in PA has a technical term found at 18 Pa. C.S.§3130(b).

A sex offender is someone who is subject to some aspect of Pennsylvania’s Megan’s Law.

Now contrast that with the idea of a “sex crime”. In Pennsylvania, you won’t find a law that specifically defines “sex crimes.” It’s not a technical legal status like a social security number. However, we can give you the most frequent types of charges of a sexual nature that we see in the real world.

Sexual Offenses (Sex Crimes)

• Rape
• Statutory Sexual Assault
• Involuntary Deviate Sexual Intercourse
• Sexual Assault
• Institutional Sexual Assault
• Sexual Assault by Sports Official, Volunteer or Employee of a Nonprofit Organization
• Aggravated Indecent Assault
• Indecent Assault
• Indecent Exposure
• Prostitution
• Failure to Register Megan’s Law
  • Failure to comply with registration requirements
  • Failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements
• Unlawful Dissemination of Intimate Image
• Female Mutilation
• Incest
• Sexual Abuse of Children (PA’s Child Porn Law)
• Unlawful Contact with a Minor
• Sexual Exploitation of Children
• Open Lewdness 
• Corruption of Minors in PA
• Unlawful Use of Computer
• Unlawful Restraint
• Kidnapping
• Endangering the Welfare of Children

As we will see later, not all convictions for sex crimes makes someone a “sex offender.” This is an important fact to remember.

What crimes get you on the sex offender list? How do you get off Megan’s Law list?

Pennsylvania’s Megan’s Law is a very complicated maze. With the passing of Act 24 of 1995, Pennsylvania began its version of “Megan’s Law” which is a centralized database of details of certain convicted sex offenders who live in PA. Pennsylvania has its own law when it comes to “sexual offenders”. It is also subject to the federal law known as SORNA Sex Offender Registration and Notification Act). The Adam Welsh Act created SORNA. Later legislation furthered the minimum standards such as the Wetterling Act, the Lychner Act and the Kanka Act.

In Pennsylvania, anyone with the internet can put in a name or their zip code to find out of you are on Megan’s Law or are a Sexually Violent Predator.

Pennsylvania State Police Megan’s Law searchable database.

As of July 20, 2020, here is the list of crimes that will get you on the Megan’s Law list in PA 

Tiers of Megan’s Law

 

Tier III Sexual Offenses – Lifetime Registration

Offenders convicted of the following offenses which occurred on or after December 20, 2012 shall be classified as a Tier III offender:

• 18 Pa.C.S. § 2901(a.1) (relating to Kidnapping).
• 18 Pa.C.S. § 3121 (relating to Rape).
• 18 Pa.C.S. § 3122.1(b) (relating to Statutory Sexual Assault).
• 18 Pa.C.S. § 3123 (relating to Involuntary Deviate Sexual Intercourse).
• 18 Pa.C.S. § 3124.1 (relating to Sexual Assault).
• 18 Pa.C.S. § 3124.2(a.1) (relating to Institutional Sexual Assault).
• 18 Pa.C.S. § 3125 (relating to Aggravated Indecent Assault).
• 18 Pa.C.S. § 3126(a)(7) (relating to Indecent Assault).
• 18 Pa.C.S. § 4302(b) (relating to Incest).
• 18 U.S.C. § 2241 (relating to Aggravated Sexual Abuse).
• 18 U.S.C. § 2242 (relating to Sexual Abuse).
• 18 U.S.C. § 2244 where the victim is under 13 years of age (relating to Abusive Sexual Contact).
• A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
• A conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier III classification.
• Two or more convictions of an offense(s) enumerated under Tier I or Tier II classification.
• A conviction of a sexually violent offense which occurred prior to December 20, 2012 and a subsequent conviction for an offense occurring after that date.

Tier II Sexual Offenses – 25 Year Registration

Offenders convicted of the following offenses which occurred on or after December 20, 2012 shall be classified as a Tier II offender:

• 18 Pa.C.S. § 3011(b) (relating to Trafficking in Individuals).
• 18 Pa.C.S. § 3122.1(a)(2) (relating to Statutory Sexual Assault).
• 18 Pa.C.S. § 3124.2(a.2) and (a.3) (relating to Institutional Sexual Assault).
• 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8) (relating to Indecent Assault).
• 18 Pa.C.S. § 5902(b.1) (relating to Prostitution and related Offenses).
• 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6) (relating to Obscene and other Sexual Materials and Performances).
• 18 Pa.C.S. § 6312(b) and (c)(relating to the Sexual Abuse of Children).
• 18 Pa.C.S. § 6318 (relating to Unlawful Contact with Minor).
• 18 Pa.C.S. § 6320 (relating to Sexual Exploitation of Children).
• 18 U.S.C. § 1591 (relating to Sex Trafficking of Children by Force, Fraud, or Coercion).
• 18 U.S.C. § 2243 (relating to Sexual Abuse of a Minor or Ward).
• 18 U.S.C. § 2244 (relating to Abusive Sexual Contact) where the victim is 13 years of age or older but under 18 years of age.
• 18 U.S.C. § 2251 (relating to Sexual Exploitation of Children).
• 18 U.S.C. § 2251A (relating to Selling or Buying of Children).
• 18 U.S.C. § 2252(a)(1), (2) or (3) (relating to Certain Activities Relating to Material Involving the Sexual Exploitation of Minors).
• 18 U.S.C. § 2260 (relating to Production of Sexually Explicit Depictions of a Minor for Importation into the United States).
• 18 U.S.C. § 2421 (relating to Transportation Generally).
• 18 U.S.C. § 2422(b) (relating to Coercion and Enticement).
• 18 U.S.C. § 2423(a) (relating to Transportation of Minors).
• A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
• A conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier II classification.

Tier I Sexual Offenses – 15 Year Registration

Offenders convicted of the following offenses which occurred on or after December 20, 2012 shall be classified as a Tier I offender:

• 18 Pa.C.S. § 2902(b) (relating to Unlawful Restraint).
• 18 Pa.C.S. § 2903(b) (relating to False Imprisonment).
• 18 Pa.C.S. § 2904 (relating to Interference with Custody of Children) except in cases where the defendant is the child’s parent, guardian or other lawful custodian.
• 18 Pa.C.S. § 2910 (relating to Luring a Child into a Motor Vehicle or Structure).
• 18 Pa.C.S. § 3124.2(a) (relating to Institutional Sexual Assault).
• 18 Pa.C.S. § 3126(a)(1) (relating to Indecent Assault).
• 18 Pa.C.S. § 6301(a)(1)(ii) (relating to Corruption of Minors).
• 18 Pa.C.S. § 6312(d) (relating to Sexual Abuse of Children).
• 18 Pa.C.S. § 7507.1. (relating to Invasion of Privacy).
• 18 U.S.C. § 1801 (relating to Video Voyeurism).
• 18 U.S.C. § 2252(a)(4) (relating to Certain Activities Relating to Material Involving the Sexual Exploitation of Minors).
• 18 U.S.C. § 2252A (relating to Certain Activities Relating to Material Constituting or Containing Child Pornography).
• 18 U.S.C. § 2252B (relating to Misleading Domain Names on the Internet).
• 18 U.S.C. § 2252C (relating to Misleading Words or Digital Images on the Internet).
• 18 U.S.C. § 2422(a) (relating to Coercion and Enticement).
• 18 U.S.C. § 2423(b), and (c) (relating to Transportation of Minors).
• 18 U.S.C. § 2424 (relating to Filing Factual Statement about Alien individual).
• 18 U.S.C. § 2425 (relating to Use of Interstate Facilities to Transmit Information about a Minor).
• A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
• A conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier I classification.
• A conviction for a sexual offense in another jurisdiction or foreign country that is not set forth in this section, but nevertheless requires registration under a sexual offender statute in the jurisdiction or foreign country.

This is a constantly evolving and heavy litigated area of the law. So, the rules when it comes to sexual offenders and Megan’s Law registration in PA are constantly shifting.

What challenges to PA Megan’s Law are going on right now?

Challenges over Age-based mandatory minimums in PA

On July 19, 2017, the Supreme Court of Pennsylvania ruled that Pennsylvania’s sexual offender registration requirements were unconstitutional when applied to those offenders who committed their qualifying sex crime before the “Adam Walsh Act” was law. That date was December 20, 2012.

In reaction to this ruling, the Pennsylvania General Assembly rushed a law to try to “fix” this Megan’s Law loophole in PA. Act 10 of 2018 was that law. it was a sweeping reform of how Megan’s Law registration work in PA. To fix this PA Means law loophole the law says that those whose acts happened before that December 20, 2012 date either a ten-year or lifetime registration requirement. But this is on appeal now. So stay tuned.

Here is a list of the Ten year or Lifetime Megan’s Law reigstration offenses because of Act 10 of 2018

Ten-year Offenses

Offenders convicted of the following offenses which occurred before December 20, 2012 shall be classified as a Ten-year Registrant:

• 18 Pa. C.S. § 2901 (relating to Kidnapping) where the victim is a minor.
• 18 Pa. C.S. § 2910 (relating to Luring a Child into a Motor Vehicle or Structure) if the offense occurred on or after January 26, 2005 and before December 20, 2012.
• 18 Pa. C.S. § 3124.2 (relating to Institutional Sexual Assault) if the offense occurred on or after January 26, 2005 and before December 20, 2012.
• 18 Pa. C.S. § 3126 (relating to Indecent Assault) where the offense is graded as a misdemeanor of the first degree or higher.
• 18 Pa. C.S. § 4302 (relating to Incest) where the victim is twelve years of age or older but under eighteen years of age.
• 18 Pa. C.S. § 5902 (b) or (b.1) (relating to Prostitution and Related Offenses) where the actor promotes the prostitution of a minor.
• 18 Pa. C.S. § 5903 (a)(3), (4), (5), or (6) (relating to Obscene and Other Sexual Materials and Performances) where the victim is a minor.
• 18 Pa. C.S. § 6312 (relating to Sexual Abuse of Children).
• 18 Pa. C.S. § 6318 (relating to unlawful Contact with a Minor).
• 18 Pa. C.S. § 6320 (relating to Sexual Exploitation of Children).
• Individuals convicted of an attempt, conspiracy or solicitation to commit any of the offenses requiring ten-year or lifetime registration..
• A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.

Lifetime Offenses

Offenders convicted of the following offenses which occurred before December 20, 2012 shall be classified as a Lifetime Registrant:

• An individual with two or more convictions of any of the Ten-year Offenses mentioned above.
• 18 Pa. C.S. § 3121 (relating to Rape).
• 18 Pa. C.S. § 3123 (relating to Involuntary Deviate Sexual Intercourse).
• 18 Pa. C.S. § 3124.1 (relating to Sexual Assault).
• 18 Pa. C.S. § 3125 (relating to Aggravated Indecent Assault).
• 18 Pa. C.S. § 4302 when the victim is under twelve years of age.
• A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
• Sexually Violent Predators.

What you lose with a conviction

• Misdemeanor Conviction Consequences in Pennsylvania
• Felony Conviction Consequences in Pennsylvania

 

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Can kids be on Megan’s Law in PA?

By definition, a juvenile is someone who is under the age of 18. In certain circumstances (that can be successfully challenged), juveniles can be “direct filed” as adults for sex crime offenses in PA. We have experience in seeking decertification of juveniles back into the juvenile court system. When it comes to a sex crime for someone under the age of 18, the decertification process (if needed) and keeping it in juvenile court is a very big deal.

The Supreme Court of Pennsylvania held that SORNA’s Juvenile Offender registration requirements and the related Pennsylvania Megan’s Law requirements are unconstitutional for those under 18.

There is a major exception. If a juvenile is determined after a hearing to he a Sexually Violent Delinquent Child (SVDC), that child will have to register. A Sexually Violent Delinquent Child shall register for life.

The law defines a Sexually Violent Delinquent Child as an adjudicated delinquent child who has committed one of the following crimes:

• 18 Pa.C.S. § 3121 (relating to rape),
• 3123 (relating to involuntary deviate sexual intercourse),
• 3124.1 (relating to sexual assault),
• 3125 (relating to aggravated indecent assault),
• 3126 (relating to indecent assault) or 4302 (relating to incest) and who has been determined by the Court to be in need of commitment for involuntary treatment. 

What is a Sexual Violent Predator in PA?

Pennsylvania law defines a Sexually Violent Predator (SVP) as a someone who is convicted of a Tier I sexual offense, a Tier II sexual offense, or a Tier III sexual offense who is determined to be a Sexually Violent Predator by the Court. The term also includes an individual determined to be a Sexually Violent Predator or a similar designation where the determination occurred in another jurisdiction, a foreign country or by court martial following a judicial or administrative determination pursuant to a process similar to that of the Commonwealth’s.

The law as to what is a SVP and the burden the government must show is very detailed. It is extremely nuanced.

In a nutshell, after examining factors including an assessment by the Pennsylvania Sexual Offender Assessment Board (SOAB), a SVP is someone convicted of one of those outlined offenses above who has “a mental abnormality or personalty disorder” that makes the likely a repeat sexual offense 

What penalties does a SVP face in PA?

A Sexually Violent Predator must register for life. A SVP must for his or her lifetime, at least monthly, attend and participate in mandatory sex offender counseling with a treatment provider approved by the SOAB. A SVP will undergo active community notification. Local law enforcement authorities will notify neighbors, county Children and Youth Agencies, local day care centers, school districts and institutions of higher education of the Sexually Violent Predator’s name, residential address and offense. With the notification will be a recent photograph of the offender.

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What are the statute of limitations on sex crimes in PA?

A statute of limitation is a time limit that the government can look back in time over to lawfully prosecute you for a crime. If the statute f limitations for a sex charge has run out, the government is out of luck. Even if you confess to that crime, if it is outside the statute of limitations, you cannot be prosecuted. When it comes to child abuse and child sex crimes there are several different and peculiar statute of limitation issues. That is beyond the scope of this article. If you have been accused of a child abuse or sexual abuse of child crime, then contact us. We can discuss the particular statute of limitation concerns of your case.

General Rules

Here are some general principles to apply when it comes to statute of limitations for sex offenses in PA.

For crimes not specifically listed here, a general statute of limitations of two years applies. But you should not count on that as there are many, many crimes and only so much space here. We can research your particular facts and discuss your statute of limitations defense for sex crimes in PA.

Repressed memories or hypnosis and sex crimes

“Repressed memories” or later hypnotic, psychiatric, psychological, therapeutic, religious and the like revelations of past events does not effect the statute of limitations in PA when it comes to sex charges.

Exceptions to know about when it comes to PA Statute of Limitations from Criminal Prosecution of Sexual Offenses

• A public officer or employee in the course of or in connection with the office, the statute of limitations for sex crimes is put on hold while he or she is in office. The clock on the statute of limitations begins after leaving office and continues for five years or a total period of eight years including holding office.
• Cold case DNA hits
• The statute of limitations is paused if:
  • The accused is continuously absent from the state. Alternatively, if the accused has no reasonably determined place of work or home within the Commonwealth;
  • A prosecution against the accused for the same conduct is pending in this Commonwealth; or
  • A child is under 18 years of age, where the crime involves injuries to the child caused by the wrongful act, or neglect, or unlawful violence, or negligence of the child’s parents or by a person responsible for the child’s welfare, or any individual residing in the same home as the child, or a paramour of the child’s parent.

Specific Crimes and their Statute of Limitations

Rape

within 12 years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)

Statutory Sexual Assault

within 12 years of the offense unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)

Involuntary Deviate Sexual Intercourse

within 12 years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)

Sexual Assault

within 12 years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)

Institutional Sexual Assault

within two years of the offense date

Sexual Assault by Sports Official, Volunteer, or Employee of Nonprofit Association

with two years of the offense date

Aggravated Indecent Assault

within 12 years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)

Indecent Assault

within two years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)

Indecent Exposure

within two years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)

Sexual Intercourse with Animal

within two years of the offense date

Conduct Related to Sex Offenders

within two years of the offense date

Unlawful Dissemination of Intimate Image (PA’s Revenge Porn law)

within two years of the offense date

Female Mutilation

within two years of the offense date

Incest

within 12 years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)

Sexual Abuse of Children (PA’s Child Porn law)

within 12 years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)

Unlawful Contact with a Minor

Varies

Sexual Exploitation of Children

within 12 years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)

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Is consent a defense for sex crimes in PA?

Consent in Pennsylvania is when the accused admits to the sexual contact with the complaining witness (i.e., the victim) but says that he or she was authorized to do so. In PA, consent doesn’t have to be in writing or even asked for and formally granted. It is a fluid concept. 

Generally, yes, consent can be a defense in PA. However, there are some classes of people who the law says cannot grant effective and legally binding consent.

• For example, an adult who is otherwise not mentally disabled may be deemed to not be able to give consent if he or she is too drunk or too high. [It is crucial to note that if the accused too was drunk or high, being drunk or high too is not a defense]
• Another example happens when someone is unconscious or passed out and where the government can prove that the unconscious or passed out person was not aware of the sex acts happening.
• A drug facilitated sexual assault occurs when someone give another person an intoxicating substance without his or her knowledge is another example of a lack of consent. (“give them a Mickie”)
• If a person has a mental disability that makes he or she unaware or incapable of consenting is another instance of a lack of consent.

There is no maximum age of consent in PA. The elderly can consent to sex unless they are not of sound mind.

What types of relationships make consent not a defense to sex crimes in PA?

There are some situations where consent can never be a defense because of the relationship between the accused and the complaining witness. Some examples of this include:

• prison guards or prison employees and incarcerated people;
• sports official or coach and an athlete under 18;
• a nonprofit volunteer or employee and a person under 18;
• school employee or school volunteer and a student; and
• child care center employee or volunteer and a child receiving services at that child care center

Age of consent in PA

The age of consent for an adult to a minor in PA is 16 years old. The law does allow for argument of what is called a “mistake of age” defense when the alleged victim is older than 14 but the accused reasonably believed that the complaining witness was over the age of consent. If the complaining witness is under the age of 14, consent is not possible and the “mistake of age” defense is not possible either.

Can a teacher be accused of sex crimes with a student with no DNA?

Yes. A student’s say so even if totally unsupported with physical evidence such as photos, texts, DNA or video can form the basis of a conviction. One person’s say so, if believed, is enough in PA.

Can a teacher or other mandatory reporter be charged for failing to report a sex crime in PA?

Who is required to report and under what circumstances is a fascinating and amorphous concept. Although the law is somewhat clear, facts drive results. It is impossible for any page or blog or website to examine every single possible scenario when it comes to mandatory reporting of sex crimes in PA. It is confusing. And one mistake or mis-step can spell disaster. While a lot of criminal charges come about because people just don’t report wen they have to do so. There are times when your best intention to report a crime as a mandatory reporter is incomplete because the law is so confusing. Under the law,

• If the initial report is oral, it must be followed by a written report (which can be made electronically) within 48 hours of the oral report.
• Reports must be made immediately by telephone or written report using electronic technologies.

Is simply telling a superior enough?

Sometimes people believe that telling a superior is enough or writing an email to a superior is enough. They think that will cover them. Under the law, it doesn’t. Sometimes, criminal charges can result. This is why it is vital if you area mandatory reporter to hire an attorney like us who knows the ins and outs of reporting so you don’t end up being charged with a crime.

It is a serious felony charge if you fail to report child abuse when required. It is either a felony of the third degree with a maximum penalty of 7 years incarceration or a misdemeanor of the second degree with a two year maximum prison sentence, if you are convicted.

Are sex crimes against children punished harsher in PA?

Yes. A lot. Judges will show no mercy. The Pennsylvania Adult Probation and Parole Board does hold offenders who commit crimes against children for longer before parole. Oftentimes, you will not be pleased at your minimum sentence. That’s why fighting these crimes is a must.

What is a cold hit DNA sexual assault charge?

A cold hit DNA database case is a unique type of sexual offense in PA. Genetic identification evidence is another fancy way of basically saying DNA. The statute of limitations is adjusted. If there is a a misdemeanor sexual offense as listed in 42 PS. § 5552(c)(3) or a felony sexual offense is involved in a DNA hit and that DNA is then used to identify an otherwise unidentified individual as the perpetrator of the offense, the prosecution may be started within the existing statute of limitations or one year after the identity of the individual is determined, whichever is later.

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