Legal Question in Criminal Law in Pennsylvania

Definition of Sexual Assault\Harrassment\Molestation

Does kissing someone (on the lips and both parties over 18) who does not consent to it constitute Sexual Assault, Sexual Harassment, Molestation, or--name removed--different crime?


Asked on 3/31/04, 12:12 am

1 Answer from Attorneys

Stanley Fudor Law Offices of Stanley Fudor

Re: Definition of Sexual Assault\Harrassment\Molestation

It would be considered Indecent Assault. The defintion of "Indecent contact" is any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, in either person.

The actual criminal statute reads:

� 3126. Indecent assault.

(a) Offense defined.--A person who has indecent contact with the complainant or causes the complainant to have indecent contact with the person is guilty of indecent assault if:

the person does so without the complainant's consent;

the person does so by forcible compulsion;

the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring;

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;

the complainant suffers from a mental disability which renders him or her incapable of consent;

the complainant is less than 13 years of age; or

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.

(b) Grading.--Indecent assault under subsection (a)(7) is a misdemeanor of the first degree. Otherwise, indecent assault is a misdemeanor of the second degree.

If you are charged with this section you SHOULD contact an attorney immediately.

Read more
Answered on 3/31/04, 6:28 am


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania