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Question for law enforcement/legal DUers (a definition needed)

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chookie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-18-05 11:11 PM
Original message
Question for law enforcement/legal DUers (a definition needed)
No, I'm not in trouble. :-)

Could someone please explain to me what " Aggravated Indecent Assault" refers to, and how it differs from rape? Could such a reduced charge be the result of a plea bargain?

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punpirate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-18-05 11:41 PM
Response to Original message
1. I wonder if this class of crime is unique to Pennsylvania...
... since virtually all citations for definition of this crime derive from the Pennsylvania statute. But, according to PA law, this is what it is:

§ 3125. Aggravated indecent assault.

Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person's body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault, a felony of the second degree, if:

1. the person does so without the complainant's consent;
2. the person does so by forcible compulsion;
3. the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
4. the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;
5. the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
6. the complainant suffers from a mental disability which renders him or her incapable of consent;
7. the complainant is less than 13 years of age; or
8. the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.



Cheers.
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