Have you been accused of committing a sex crime in Greensburg or a nearby city? These types of offenses cannot merely be explained away, and you deserve every protection the law allows. Whether you have already been charged with a sex offense, or you are under investigation, you need to contact a Greensburg sex crime lawyer right away.
The sex crime attorneys at Worgul, Sarna & Ness, Criminal Defense Attorneys are here to protect your rights. Our criminal defense lawyers in Greensburg will fight to protect your privacy and reputation during a criminal investigation. After analyzing your case, we may fight to drop or dismiss the charges. If the prosecution moves forward and the court allows the case to proceed, we take aggressive steps to weaken their case. Our goal is to build the strongest possible defense to protect you and your freedom.
For a free consultation, contact us online or call (724) 834-1275 us at anytime.
What Is a Sex Crime?
A sex offense in Pennsylvania is any criminal conduct with a sexual element. A majority of sex crimes involve non-consensual sexual activity. Non-consensual activity includes those involving children, who inherently cannot consent to sexual activity due to their age and lack of maturity, and with adults who are not physically or mentally capable of agreeing to sexual activity or are forced to participate despite saying “no.”
Some crimes do not include sexual contact between the perpetrator and victim, but there is a sexual motivation for the behavior. A person who owns child pornography may not have direct contact with the child, but their possession of the unlawful images is directed by their sexual impulses.
If you are accused of any unlawful sexual activity in nearby Greensburg, call a sex crime lawyer immediately. These are sensitive and very damaging allegations, making it is essential that you protect your rights and fight the charges.
Types of Sex Crimes Charges
There are various sex offenses in Pennsylvania. Depending on the circumstances, you could be charged with:
Rape (18 Pa. Code §3121)
Rape is one of the most serious sex crimes you can be accused of in Pennsylvania. Under Pennsylvania law, you can be charged with rape if you perform sexual intercourse on another person through the use of force; by threat of force; while the person is unconscious; after you substantially impair the person’s perception and control with alcohol or drugs; or when the person has a mental disability that makes them unable to consent to sex. This is a first-degree felony.
Sexual Assault (18 Pa. Code §3124.1)
Some situations are similar to rape, but do not meet the statutory elements necessary for a prosecutor to prove a rape occurred beyond a reasonable doubt. In this situation, you may be charged with performing sexual intercourse or deviate sexual intercourse on another person without their consent. Deviate sexual intercourse includes oral sex, anal sex, and penetration of a person’s genitals or anus with a foreign object, however slight. This is a second-degree felony and requires the attention of an attorney as soon as possible.
Indecent Assault (18 Pa. Code §3126)
You can be charged with indecent assault if you cause indecent contact with another person, or cause another person to come into contact with semen, urine, or feces, for the purpose of sexual arousal, and you do so without that person’s consent, through the use of force, through threats of force, when the person is unconscious, when you have substantially impaired the person’s faculties, when the person has a mental disability, when the victim is a minor. The charge for indecent assault depends on the exact circumstances. You may face a second- or first-degree misdemeanor or a third-degree felony.
Indecent Exposure (18 Pa. Code §3127)
If you are accused of exposing your genitals either in a public place or in a place where other people can see, and you know or should know your actions will offend or alarm others, then you can be charged with indecent exposure, which is a second- or first-degree misdemeanor.
Prostitution & Solicitation (18 Pa. Code §5902)
You may be charged with a crime if you engage in prostitution, solicit a prostitute, or promote prostitution. Participating in prostitution is a third-degree misdemeanor. However, if you are aware you have HIV at the time of the sex act, then you will face a third-degree felony. You also may face higher charges for promoting prostitution or running an establishment in which prostitution is available.
Child Pornography (18 Pa. Code §6312(d))
If there is any evidence that you knowingly possessed or intentionally viewed any content featuring children under the age of 18 years old engaging in sexual acts or simulating sexual conduct, then you can be charged with a child pornography crime. This is typically a third- or second-degree felony. This can be a hyper-technical offense, involving the internet and the dissemination of images, so if you’re accused of or investigated for possessing child pornography, call a sex crimes attorney immediately.
Unlawful Contact With a Minor (18 Pa. Code §6318)
If you accused of intentionally being in contact with a minor for the purpose of engaging in a sex crime, then you will be charged with the underlying sex offense you allegedly wished to complete or a third-degree felony. Prosecutors will charge you with whichever offense is higher.
Sexting (18 Pa. Code §6321)
Sexting is the act of electronically sending intimate or sexual pictures or videos. Many adults and adolescents participate in sexting. The problem arises when minors send images of themselves or other minors and those picture contact breasts, genitals, or sexually explicit content. This could be deemed child pornography, even if it was consensually created and sent. Pennsylvania has since made it a different crime—transmission of sexually explicit images by minors.
Penalties for Sex Crimes in PA
Sex crime convictions in Pennsylvania carry severe consequences, including jail or prison time, steep fines, and mandatory sex offender registration. The specific level determines the potential minimum and maximum penalties, including time in custody and fines. Pennsylvania also takes the seriousness of the offense and your criminal history into consideration for the purpose of sentencing.
Potential terms of incarceration and fines for sex crimes in PA include:
- First-degree felonies: Up to 20 years in prison and fines up to $25,000.
- Second-degree felonies: Up to 10 years in prison and fines up to $25,000.
- Third-degree felonies: Up to 7 years in prison and fines up to $15,000.
- First-degree misdemeanors: Up to 5 years in jail and fines up to $10,000.
- Second-degree misdemeanors: Up to 2 years in jail and fines up to $5,000.
- Third-degree misdemeanors: Up to 1 year in jail and fines up to $2,000.
- Summary offenses: Up to 90 days in jail and fines up to $300.
In addition to incarceration and fines, sex crime convictions may result in probation, court fees, mandatory counseling, and lifelong sex offender registration. If you’re facing sex crime charges, contact Worgul, Sarna & Ness, Criminal Defense Attorneys today to discuss your defense options.
Sex Offender Registration in Pennsylvania
One of the most serious consequences of a sex crime conviction in Pennsylvania is mandatory sex offender registration. If convicted, your name, photo, and personal details will be publicly available on the Pennsylvania Sex Offender Registry, impacting where you can live, work, and attend school.
Based on your conviction, you are placed in Tier 1, Tier 2, or Tier 3 under Pennsylvania’s sex offender registration law.
- Tier 1 offenders must register for 15 years and re-register every year.
- Tier 2 offenders must register for 25 years and renew their registration every six months.
- Tier 3 offenders must register every three months for life.
If you are required to register, you must adhere to all of the rules. Failure to initial register, or failure to properly renew your registration, is a crime. If you’re facing sex crime charges or have concerns about sex offender registration, speak with an experienced Greensburg sex crimes lawyer immediately.
Collateral Consequences of a Greensburg Sex Crime Conviction
A sex crime conviction in Pennsylvania has far-reaching consequences beyond jail time and fines. A permanent criminal record and mandatory sex offender registration can impact nearly every aspect of your life, including employment, education, housing, and even parental rights.
Here are some of the long-term consequences you may face:
- Employment Challenges: Many employers conduct background checks, making it difficult to secure or maintain a job. Even if you don’t have to disclose your conviction, it may still appear in screenings.
- Education & Job Training Restrictions: Colleges, universities, and vocational programs may deny admission. You may also be ineligible for financial aid.
- Professional Licensing Issues: Certain professional licenses may be off-limits, even if you meet other qualifications. Licensing boards often reject applicants with sex crime convictions for ethical reasons.
- Housing Barriers: Many landlords refuse to rent to individuals with sex crime records. Additionally, sex offender residency restrictions may limit where you can live.
- Parental Rights & Custody Loss: A conviction can affect your ability to have custody or visitation rights with your children.
- Voting & Travel Restrictions: While on probation or parole, you may lose your right to vote. Additionally, some countries may deny you entry, work visas, or residency.
- Firearm Rights: If convicted of a felony sex offense, you will lose your right to own firearms for life.
If you’re facing sex crime charges in Greensburg, you need an experienced sex crimes attorney to fight for your future. Contact Worgul, Sarna & Ness, Criminal Defense Attorneys today.
Statute of Limitations for Pennsylvania Sex Crimes
The statute of limitations for sex crimes in Pennsylvania varies based on the offense and the alleged victim’s age. This law dictates how long prosecutors have to file charges against you.
Key time limits include:
- Most sex crimes (e.g., rape, sexual assault, indecent assault, sexual abuse of children): Charges must be filed within 12 years of the alleged crime.
- Cases involving minors: If the victim was under 18, prosecutors have until the victim’s 50th birthday to file charges.
Potential Defenses to Sex Crime Allegations
If you have been accused of a sex crime, it is essential you work with a Greensburg sex crime lawyer near you to defend yourself. Some of the most common defenses used in sex offense cases include:
- Consent: If the alleged act was consensual, this may be a valid defense.
- Mistaken Identity: You may have been wrongly accused due to mistaken identity.
- False Allegations: The accuser may have an ulterior motive, such as revenge or custody disputes.
- DNA Evidence: If forensic evidence points to another individual, this can help prove your innocence.
- Insufficient Evidence: Prosecutors must prove guilt beyond a reasonable doubt. If there is a lack of credible evidence, your case may be dismissed.
Every case is unique, and an experienced Greensburg sex crimes defense lawyer can help you explore the best strategy for your situation.
Contact One of Our Greensburg Sex Crime Lawyers Today
After you have been accused or arrested for a sex crime in Greensburg, you should firmly and politely tell the police that you are invoking your right to remain silent and that you want an attorney. Your next step is to call Worgul, Sarna & Ness, Criminal Defense Attorneys to speak with an experienced and skilled sex offense lawyer. We are here to protect your rights and fight these charges.
Call us at (724) 834-1275 or contact us through our online form to schedule a free consultation.