Classification of Sex Crimes Under Pennsylvania Law

Sex crimes in Pennsylvania are among the most serious offenses prosecuted, carrying severe penalties that can include lengthy prison sentences, steep fines, and lifetime consequences such as registration under Megan’s Law. If you or someone you love is facing allegations of a sex crime, understanding how Pennsylvania classifies these offenses, the associated penalties, and the potential Megan’s Law registration requirements is essential.

At Frank Walker Law, we provide aggressive and strategic defense for clients charged with sexual offenses. Below, we outline the key classifications of sex crimes under Pennsylvania law, their maximum penalties, and the potential Megan’s Law requirements.

Pennsylvania’s Crimes Code for Sexual Offenses

Sex crimes are detailed in Chapter 31 of Title 18 of the Pennsylvania Consolidated Statutes, covering offenses ranging from indecent exposure to aggravated sexual assault. Each offense is classified by degree, with specific penalties and collateral consequences.

Key Classifications of Sex Crimes, Maximum Penalties, and Megan’s Law Requirements

1. Rape (18 Pa. C.S. § 3121)

• Definition: Engaging in sexual intercourse with a victim by force, threat of force, or when the victim is unconscious or unable to consent.
• Classification: First-degree felony.
• Maximum Penalty: Up to 20 years in prison and fines up to $25,000.
• Megan’s Law Requirement: Lifetime registration as a Tier III offender.

2. Sexual Assault (18 Pa. C.S. § 3124.1)

• Definition: Sexual intercourse or deviate sexual intercourse without the victim’s consent.
• Classification: Second-degree felony.
• Maximum Penalty: Up to 10 years in prison and fines up to $25,000.
• Megan’s Law Requirement: 25-year registration as a Tier II offender.

3. Statutory Sexual Assault (18 Pa. C.S. § 3122.1)

• Definition: Sexual intercourse with a minor under 16 years old by someone 4 or more years older.
• Classification: First- or second-degree felony, depending on circumstances.
• Maximum Penalty: Up to 20 years in prison for first-degree felony; up to 10 years for second-degree felony.
• Megan’s Law Requirement: 25-year registration as a Tier II offender.

4. Aggravated Indecent Assault (18 Pa. C.S. § 3125)

• Definition: Penetration, however slight, of the genitals or anus without consent, often involving minors or incapacitated victims.
• Classification: Second- or first-degree felony, depending on circumstances.
• Maximum Penalty: Up to 20 years in prison for first-degree felony.
• Megan’s Law Requirement: Lifetime registration for Tier III offenses or 25-year registration for Tier II offenses.

5. Indecent Assault (18 Pa. C.S. § 3126)

• Definition: Unwanted or inappropriate touching of another person for sexual gratification.
• Classification: Misdemeanor of the first or second degree or a felony, depending on aggravating factors.
• Maximum Penalty: Up to 5 years in prison for a first-degree misdemeanor.
• Megan’s Law Requirement: 10-year registration as a Tier I offender (in some cases).

6. Child Pornography (18 Pa. C.S. § 6312)

• Definition: Possession, distribution, or production of material depicting minors engaged in sexual acts.
• Classification: Felony of the second or third degree.
• Maximum Penalty: Up to 10 years in prison per image for second-degree felony charges.
• Megan’s Law Requirement: Lifetime registration for production (Tier III) or 25-year registration for possession or distribution (Tier II).

7. Institutional Sexual Assault (18 Pa. C.S. § 3124.2)

• Definition: Sexual conduct by a person in authority (e.g., teacher, prison guard) with someone under their care or supervision.
• Classification: Third-degree felony.
• Maximum Penalty: Up to 7 years in prison and fines up to $15,000.
• Megan’s Law Requirement: 25-year registration as a Tier II offender.

8. Unlawful Contact with a Minor (18 Pa. C.S. § 6318)

• Definition: Communicating with a minor for the purpose of committing a sexual offense.
• Classification: First- or second-degree felony, depending on underlying offense.
• Maximum Penalty: Up to 20 years in prison for first-degree felony charges.
• Megan’s Law Requirement: Registration requirements correspond to the underlying offense.

9. Indecent Exposure (18 Pa. C.S. § 3127)

• Definition: Exposing genitals in a public place with intent to offend or arouse.
• Classification: Misdemeanor of the first or second degree, depending on the presence of minors.
• Maximum Penalty: Up to 5 years in prison for first-degree misdemeanors.
• Megan’s Law Requirement: Not typically required unless linked to other offenses.

10. Failure to Register as a Sex Offender (18 Pa. C.S. § 4915.1)

• Definition: Failing to comply with Megan’s Law registration requirements.
• Classification: Felony of the second or third degree.
• Maximum Penalty: Up to 10 years in prison for second-degree felony charges.

Megan’s Law: Pennsylvania’s Sex Offender Registration Requirements

Megan’s Law in Pennsylvania categorizes sex offenders into three tiers based on the severity of the offense:

• Tier I: Requires registration for 10 years.
• Tier II: Requires registration for 25 years.
• Tier III: Requires lifetime registration.

Registration involves publicly disclosing the offender’s name, address, photograph, and details about the offense. Failing to comply with registration requirements is itself a serious crime.

How Frank Walker Law Can Help

At Frank Walker Law, we understand the devastating consequences that sex crime allegations and convictions can have on your life. Whether you’re facing charges of rape, child pornography, or indecent assault, our team provides aggressive, strategic defense tailored to your case.

Why Choose Frank Walker Law?

• Extensive Experience: We have successfully defended clients in sex crime cases throughout Pennsylvania.
• Comprehensive Knowledge of Megan’s Law: We understand the nuances of Pennsylvania’s registration requirements and how to challenge them.
• Proven Trial Advocacy: Attorney Frank Walker is a skilled litigator who will fight for you in court.
• Discreet and Compassionate Representation: We provide nonjudgmental support throughout your case, understanding the sensitive nature of these charges.

Contact Frank Walker Law Today

If you or a loved one has been charged with a sex crime in Pennsylvania, don’t wait to secure experienced legal representation. The penalties are severe, and your freedom, reputation, and future are at stake.

Contact Frank Walker Law today for a confidential consultation. We will review your case, explain your options, and begin building a powerful defense to protect your rights and future. When your life is on the line, trust Frank Walker Law to fight for you.