Pittsburgh Sex Crime Lawyer

Trusted Sex Crimes Representation in Pittsburgh, PA

The accusation of a criminal sexual act is a serious matter. On top of jail or prison time and substantial fines, you could also be forced to register with the sex offender database and face additional restrictions on housing and employment for years after you are released. If you’re facing charges, you should contact a Pittsburgh sex crime lawyer for help right away.

Christopher P. Thomas

Partner Criminal Defense Attorney

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Work With SMT Legal

SMT Legal offers a perfect middle ground between the impersonality of mega firms and the insufficient resources of solo practitioners. We have a team of lawyers available to offer high-level legal experience with personalized attention. We achieve proven results in court and have deep ties to both the Pittsburgh community and the local legal system. Clients trust us and refer us to others for a reason. Contact our office to find out what we can do to help.

Reasons to Hire a Sex Crime Lawyer

In 2022, there were 327 Walsh Act offenses in Allegheny County. That accounts for just a small number of the sex crimes that occurred in and around Pittsburgh. Only around 31% of sexual assaults are reported to law enforcement; 5% lead to arrest, with fewer still ending in prosecution or time spent in the Community Correction Center.

Whether you are one of the unfortunate few facing allegations of sexual assault or you’ve been arrested for another sexual crime, such as possession of child pornography, you need to hire a sex crime lawyer right away. Working with a skilled Pittsburgh sex crime attorney provides you with the greatest chances of a successful outcome in your case. Your lawyer can help with all aspects of the case, including:

• Filing paperwork and keeping track of court dates
• Analyzing the prosecution’s case against you
• Determining the right defense strategy to use
• Gathering evidence to support your case
• Protecting your rights and interests throughout the legal process

If you’re looking for an attorney with experience who can take on a complex or high-profile sex crime case, you can trust our team to help. We have extensive courtroom experience and know how to handle sensitive cases with the care that they deserve.

Kinds of Sex Crimes in Pennsylvania

There are many kinds of sex crimes in Pennsylvania, each of which has a different set of potential punishments and viable defenses against the charges. Some common ones include:

Rape

Rape is defined as having sexual intercourse with a person under specific non-consensual or incapacitating conditions. You could face charges of rape if you had sexual intercourse with someone:

• Via forcible compulsion. This means you committed the act using physical force.
• Under the threat of force. This means you threatened to use force and these threats were strong enough to stop a reasonable person from resisting.
• Unconscious or unaware. If a victim was unconscious or otherwise unaware that you were having sexual intercourse, it could be considered rape.
• Impaired. If you secretly or knowingly administered intoxicants to impair the victim’s ability to control their conduct, you could face charges of rape.
• Mentally disabled. Mentally disabled people may not be able to give legal consent, which means any sexual intercourse with them is considered rape.
• Less than 13 years old. If the person was less than 13 at the time, you could face charges of rape regardless of whether they consented.

Rape is a first-degree felony in Pennsylvania that carries a maximum sentence of 20 years’ imprisonment and significant fines. Raping a child carries a maximum sentence of 40 years’ imprisonment, and rape causing bodily injury of a serious nature carries a maximum sentence of life in prison.

Involuntary Deviate Sexual Intercourse

Rape charges can also be combined with involuntary deviate sexual intercourse charges in Pennsylvania. This may be the case if the alleged victim was forcibly made to perform deviant sexual intercourse or was not yet 16 years old and you were 20 or older. Involuntary deviate sexual intercourse is also a first-degree felony.

Sexual Assault

In Pennsylvania, sexual assault is having sexual intercourse or deviant sexual intercourse with a person against their will. Sexual assault charges may be filed when someone has intercourse with an alleged victim without their consent in the absence of the force or impairment that defines a rape charge. It would be a second-degree felony. Possible defenses against sexual assault charges can include:

• Consent
• Mistaken identity
• Involuntary intoxication
• Insanity

If you’re found guilty of sexual assault, you could face up to 10 years’ imprisonment and significant fines.

Indecent Assault

It’s important to note that Pennsylvania also has a separate charge referred to as “indecent assault.” Indecent assault is similar to sexual assault, in that it involves contact of an indecent nature with the victim. It involves coming into indecent contact with someone when the person:

• Does not have consent
• Is not conscious or is unaware of the contact
• Is substantially impaired
• Has a disability of a mental nature that makes it impossible for them to consent
• Is not yet 13 years old
• Is not yet 16, and the defendant is at least four years older
• Is under forcible compulsion or threat of serious injury to the body
• Threatens the victim

Forcing a person to come into contact with seminal fluid, urine, or feces can also be considered indecent assault and is a first- or second-degree misdemeanor.

Statutory Sexual Assault

Sometimes referred to as statutory rape, statutory sexual assault is a crime that happens when an older person has sex with someone not yet 16 years old. Statutory sexual assault can be either a second-degree felony if the alleged victim is not yet 16 and the offender is four to 11 years older, or a first-degree felony if the offender is more than 11 years older. 

If the victim is not more than four years younger than the alleged victim, it may not be considered statutory sexual assault. The same is true if the two people are legally married. Getting in touch with a minor for sex is also a crime in Pennsylvania.

Sexual Exploitation of Children

The sexual exploitation of children involves possession or distribution of child pornography. It is a second-degree felony. It’s important to note that while Pennsylvania’s age of consent is 16, it is still illegal to obtain or sell pornographic images of any minors, including 16-year-olds and 17-year-olds.

Crimes related to the sexual exploitation of children can include:

• Unlawful contact with someone less than the age of consent. In Pennsylvania, contacting someone less than the age of consent for sex is a third-degree felony, even if you did not engage in an actual sexual act.
• The creation, display, sale, or distribution of obscene materials to minors. This is a first-degree misdemeanor or a third-degree felony, depending on the circumstances of your claim. 
• Child pornography. It is a felony offense to view or possess child pornography, which includes any images of children, including teenagers less than 18 years old, engaged in sexual acts.
• Incest. It is a second-degree felony to engage in incest, or sexual contact with a close blood relative in Pennsylvania. This often applies in sexual exploitation of children cases.

Common defenses to sexual exploitation of a child and related charges include:

• The people depicted in the materials not being minors
• The material not meeting the statutory definition of child pornography
• Lack of intent
• Lack of awareness of possession of child pornography
• Entrapment
• Constitutional rights violations

You can work with an attorney to determine the appropriate defense strategy given the charges you are facing and the circumstances surrounding the case.

Indecent Exposure

Indecent exposure occurs when someone puts their genitals on display in any public place or in a place where they know other people are present and could be offended or alarmed. This can include situations where offenders are in their own homes but expose themselves to others or have consensual sexual intercourse in public places.

Pennsylvania has a second charge of “open lewdness” that refers to lewd acts that could be likely to be observed by others who could be affronted by them. Open lewdness does not necessarily involve the display of male or female genitals.

Prostitution and Solicitation of Prostitution

Engaging in prostitution and patronizing prostitutes are considered misdemeanor crimes in Pennsylvania. However, your charges could be elevated to a third-degree felony when you have HIV and knowingly expose others to HIV or AIDS. This can mean a maximum sentence of seven years’ imprisonment.

Potential Consequences for Conviction of a Sex Crime

As well as facing prison time and significant fines, you may also have to register with the sex offender database. The length of time you must remain on the National Sex Offender Registry depends on the severity of your crime. Crimes that can end in mandatory sex offender database registration can include:

• Rape
• Involuntary deviate sexual intercourse
• Sexual assault
• Institutional sexual assault
• Indecent or aggravated indecent sexual assault
• Incest
• Promoting prostitution of someone below the age of consent
• Sexual exploitation or abuse of children
• Unlawful contact with a person less than the age of consent

Once you’re on the sex offender registry, anyone can see that you have been found guilty of the crime for which you were convicted. This can jeopardize your reputation and standing in the community and place restrictions on where you can live and work that could last for the rest of your life if convicted of a serious charge. 

The fact that sex offender registration is a mandatory step for most convicted sex offenders makes it even more important to work with a skilled attorney.

FAQs

Q: What Are the Rules for Sex Offenders in Pennsylvania?

A: The rules for sex offenders in Pennsylvania are codified under Megan’s Law and are aligned with the federal Sex Offender Registration and Notification Act (SORNA). They include mandatory registration with the sex offender database and reporting requirements. Sex offenders must report changes to their addresses, employment, phone number, or student status to the police and may be subject to residency and proximity restrictions regarding schools.

Q: Can a 40-Year-Old Date a 16-Year-Old in PA?

A: A 40-year-old can generally date a 16-year-old in PA because the state’s age of consent is 16. Once a person turns 16, they can legally consent to sexual activity with partners of all ages. However, the adult in such a relationship cannot be in a position of authority, supervision, or trust over the minor, and their parents retain full custody and authority, which means they can legally ban the 40-year-old from contacting their child.

Q: What Are Some Examples of Sex Crimes?

A: Some examples of sex crimes include rape, sexual assault, sexual battery, and sex crimes against minors. Sex crimes against minors can include statutory rape, which applies in cases where the victim is not yet 16 years old in Pennsylvania, child molestation, and the possession or distribution of child sexual abuse material. Indecent exposure, voyeurism, and prostitution are also considered sex crimes.

Q: What Can Sex Offenders Not Do in PA?

A: Sex offenders in PA cannot live near schools, daycares, or parks if they are under active probation, parole, or specific court orders. They may also face restrictions or bans on specific online activities, such as the use of social media platforms, depending on the terms of their sentences. Sex offenders also can’t skip mandatory in-person check-ins or fail to report any changes in their addresses, employment, or school enrollment status.

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Your Pittsburgh Sex Crime Lawyer

Whether you’ve been accused of sexual assault, statutory rape, or indecent exposure, it’s important to have a Pittsburgh sex crime lawyer on your side who can help defend you against the charges. The team here at SMT Legal can help.

We have four criminal defense lawyers on our team, including attorney Christopher P. Thomas. Christopher P. Thomas has been a partner since 2011 and focuses his practice on criminal defense. He has worked in the industry since 2001 and has taken on many high-profile cases.

Like all of our attorneys, Thomas is committed to providing personalized attention on every case and is a firm believer in second chances. You can contact us or call Christopher Thomas at 412-448-6887 today.