While all sex crimes like sexual abuse of children are by their very nature are serious, sexual crimes involving children often the most serious. Pennsylvania law, as well as the rest of the United States, prohibits anyone under the age of 18 to engage in sexual acts on camera. child endangerment In fact, this is considered child abuse and is defined under section 6312 of the Pa criminal code. Under the first section of the statute, anyone who films, photographs, or depicts underage individuals engaged prohibited sexual acts on a computer or recording device is guilty of child abuse. The next section deals with the distribution of the sexually explicit images. Anyone who sells, transfers, distributes or displays these images would also be guilty of the sexual abuse of children. Finally, the last section of the statute deals with individuals who view these types of images defined as child pornography. Anyone who intentionally views or knowingly possesses child pornography including pictures or videos, has violated the statue.
For victims of a sex crimes, going through the criminal justice system and facing their alleged abuser, can expose them to unwanted feelings that would make them very uncomfortable. This is especially true of child victims. child endangerment In order to help alleviate some of the uncomfortable feelings a child might feel when facing their alleged abuser, the Commonwealth of Pennsylvania will under very specific circumstances allow a child to make statements about the alleged that are outside of the courtroom. This process of having a child make statements that are outside the courtroom is known as the "Tender Years exception to the hearsay rule." First and foremost, it is on the Commonwealth to prove that this exception is even a possibility. It is also important to note that the tender years exception must be used for children under the age of 12 and if the child is cannot testify about the statements in the courtroom, then they cannot be used as a witness at all.
In the Commonwealth of Pennsylvania, one of the more serious Sex Crimes that an individual can commit is the act of aggravated indecent assault. child endangerment This offense is defined under section 3125 of the Pa criminal code. An individual commits this offense if they penetrate the genitals or anus of another without their consent. In addition, there are a number of provisions that are outlined in the statue. In total, there are eight provisions that are listed. With aggravated indecent assaults the offender uses force or threat of force, there is no medical, hygiene, or law enforcement reason for the penetration, drugs or alcohol may have been used to make the alleged victim unaware of the offense, or the alleged victim was unconscious during the commission of the act. Aggravated indecent assault is a felony of the second degree. If found guilty, an individual can face up to ten years incarcerated in a state facility.
Although it isn't always the case, CYF investigations typically involve the allegation of sex crimes. There are many organizations and agencies that are designated as a resource to report and investigate any incident or repeated instances of child abuse or neglect. One such organization is the Children, Youth, and Families (CYF). CYS investigations An investigation into potential child abuse or neglect starts with a written or oral report to the CYF. These reports are typically done by anyone who is what is referred to as a mandated reporter. These mandated reporters can be teachers, day care workers, or anyone that works for an organization that's works with children such as the YMCA's summer camp. Once the report is made the agency will respond in 24 hours, typically by sending a social worker to the reported child's house to investigate. If the abuse rises to the level of a criminal offense, the police will be involved and the CYF and police will work together to investigate. In certain cases, the child may be removed from the home, but it must be court ordered or an officer must have reasonable grounds that the child is in immediate danger.
One of the most serious sex crimes a person can commit is the act of date rape. Recent headlines across the United States have people talking about what is referred to as "Date Rape". indecent assault Essentially what people mean when they use this term is that the victim knows the offender because they have been in a sexual relationship before. It is a misconception people have that if a prior sexual relationship has occurred, the individuals cannot be charged with rape. In order for it to be considered rape consent to the act must not have been given. Every sexual act must have consent from both parties, regardless if one individual has consented in the past. The term "date rape" has been heavily associated with people attending universities. There have been tons of campaigns on universities across the United States about the importance of receiving consent every time a sexual act occurs regardless of prior sexual history between the two individuals.
Sex Crimes such as Loitering and prowling at night is a criminal offense defined under section 5506 of the Pa criminal code. Essentially, this act is defined as maliciously loitering or maliciously prowling around an occupied structure at night. child endangerment Given the vague wording of the statue, in order to fully understand it, the terms used need to be defined. The state defines loitering as lingering, staying, remaining or waiting at one location. In addition, the state defines prowling as roving or wandering in a stealthy manner. Finally, the state defines the term malicious as vexatious, annoying, injurious, or with intent to do a wrongful act. The most important element of this statute is the malicious intent. In order for this charge to hold up, the commonwealth must prove that an individual's actions met the standard of malicious intent. This is a high burden of proof that the is on the commonwealth to prove. This statute is a misdemeanor of the third-degree which makes it a fairly serious offense. If found guilty, a sentence of up to a year incarcerated and a hefty fine can be imposed.
Current events have raised questions involving Sex Crimes and what a person should do if they are accused of rape. Recent events have really placed the topic of sexual misconduct, such as rape, in the news headlines across the United States. indecent assault The "me too" movement, along with the Kavanaugh hearings have really got individuals, especially men, thinking about what to do if they have been accused of sexual misconduct, especially rape. If you have been accused of any sexual misconduct, especially rape, they first thing that you will want to do is speak to a defense attorney as soon as possible. An accusation, whether true or false, can have a devastating effect on an individual's reputation and it is important to have an experienced attorney who will know what to do given the facts of your particular situation. If the police want to bring you in for questioning, it is extremely important that you do not give any answers to any questions, without the presence of your attorney. In the Miranda warnings, the officers explicitly say "Anything you say can and will be used against you in a court of law." It is really important to not talk to the police without the presence of your attorney.
Victims in Sex Crimes cases can involve the Safe harbor for sexually exploited children. The criminal justice system is based entirely around the defendant. The defendant and not the victim has rights in the criminal justice system. child endangerment Throughout the history of our criminal justice system the victims of the crime were not really paid attention to unless they were needed in order to testify. That has changed over the years and many victim's rights bills have been passed at the federal level with the states following suit. One of the bills that the Commonwealth of Pennsylvania passed to focus on victim's rights is the safe harbor for sexually exploited children statutes. The main statute is defined under section 3061 of the Pa criminal code and it establishes that the state must provide services for children who have been sexually exploited. Services such as housing, education, medical treatment, and therapy are all the types of services that sexually exploited children can choose to participate in which will all be provided by funds from the state.
Sex Crimes such as rape in the Commonwealth of Pennsylvania is an extremely serious and life changing criminal charge. CYS investigations Rape is graded as a felony in the first degree. Being convicted under this statue, Pa criminal code 3121 (a) (1-5), can result in a sentence of up to 20 years in prison plus an additional 10 years if the act was committed using any type of intoxicating drug. In addition, a fine of $100,000 may be imposed and a conviction can land you on a sex offender registry. If the crime involves a minor and serious bodily injury occurs, a sentence of life in prison may be imposed. In order to be convicted under this statue, the Commonwealth must prove that some form of penetration, however slight, has occurred. A recent redefinition of the law has broadened it and has taken out marriage, gender and level of force as relevant factors for a jury to consider.
With the rapid advancement of modern technology, law makers are in the position of having to play catch up in the area of Sex Crimes and the Unlawful Dissemination of Intimate Images. child pornography One such example where lawmakers had to step in and pass legislation in order to address a recent problem was on the phenomenon commonly referred to as "revenge porn". A typical scenario in which this takes place is when two partners break up and one posts sexually explicit images of the other that were sent to them with consent on social media without the person's depicted consent. Officially, it is known as unlawful dissemination of intimate image which is defined as a person commits the offense if, with intent to harass, annoy or alarm a current or former sexual or intimate partner, the person spreads a visual depiction of the partner in a state of nudity or engaged in sexual conduct. This crime can be found in section 3131 of the crimes code. This crime was passed in order to address the underlying issue, consent, which is essential to these cases.