Sex offenses are very serious and so are the punishments. It is imperative to find an attorney with experience in defending against these types of charges. There are many men and women across the country falsely accused of these types of crimes every year. If you are one of these people contact John L. Calcagni today. We can help you determine the best way to move forward with your defense in sexual assault cases.
Sexual Assault Offenses
There are three degrees of sexual assault. The charges depend on the activity the defendants engages in with the victim.
First-Degree Sexual Assault
First-degree sexual assault is when one person engages in sexual penetration with another individual under the following circumstances:
- The defendant, which is not a spouse, knows or has reason to know that the individual has a mental disability, mental incapacitation, or is physically helpless. Examples include someone who is under the influence or a person with a mental disability.
- Secondly, the defendant uses force or coercion.
- The defendant uses the element of surprise or concealment to overcome the victim
- Lastly, the defendant uses a medical treatment for their own arousal or sexual gratification.
The penalty for a first-degree sexual assault conviction is a minimum prison sentence of 10 years and a maximum of life in prison. There are also hefty fines. Here is more information about rape by force.
Second- Degree Sexual Assault
Second-degree sexual assault does not have to include penetration. This is also known as indecent assault and battery. A person is charged with second-degree sexual assault if they engage in sexual contact with someone under the following circumstances:
- The defendant knows or should know of a physical impairment, mental disability, or mental incapacitation of the victim.
- Secondly, the defendant uses force or coercion.
- Lastly, if the defendant is a medical provider that uses an examination for their own sexual arousal or gratification.
Third-Degree Sexual Assault
Third-degree sexual assault is also known as statutory rape. These charges stem from sexual contact between a person 18 or older and someone between the ages of 14 and 16. The maximum penalty for a third-degree sexual assault conviction is five years in prison and fines. Here is more information about statutory rape.
Child Molestation Sexual Assault
There are two degrees of child molestation sexual assault charges. The charges depend on the severity of the crime.
First-Degree Child Molestation Sexual Assault
First-degree sexual assault child molestation charges occur when an adult sexually penetrates of a minor under the age of 14 years old. The minimum punishment for a first-degree child molestation conviction is twenty-five years in prison and fines. The maximum penalty is life in prison.
Second-Degree Child Molestation Sexual Assault
Any sexual contact short of penetration with a minor under the age of 14 will result in second-degree child molestation charges. This is also known as indecent assault and battery of a minor.The minimum penalty for second-degree sexual assault is six years in prison and fines. The maximum penalty is thirty years in prison.
Indecent Solicitation of a Child
Indecent solicitation of a child is when an adult knowingly solicits a minor under the age of 18. Also, if the defendant solicits a person because they believe they are under the age of 18, they could receive an indecent solicitation of a child charges. The purpose of the solicitation must be prostitution or sexual contact. Solicitation means to authorize, command, urge, request, incite, or advise another to perform an act. This can occur over the phone, in writing, on the internet, or through any other means.
Other Sexual Offenses
A person commits indecent exposure when they knowingly expose their genitals to another individual for their own arousal or gratification. Also, the act must be likely to cause distress or alarm. The penalty for indecent exposure is a maximum prison sentence of one year and a fine of $1,000. A second offense could result in a three-year prison term. Every person with an indecent exposure conviction has to participate in counseling.
Child pornography is any material that depicts underage children in a sexually explicit way. The material can be film, pictures, videos, photographs, or any other type of media. There are different charges and penalties depending on the individual’s involvement in the process. Learn more about child pornography laws here.
Possession of Child Pornography
Anyone caught in possession of the above material will face possession of child pornography charges. The penalty for a child pornography conviction is five years in prison and a fine of $5,000. There is more information about possession of child pornography on this page.
Distribution of Child Pornography
Anyone who knowingly distributes child pornography could face charges for distribution of child pornography. This includes anyone who mails, transfers, or delivers child pornography by any means including electronically. This crime is punishable by up to fifteen years in prison and a fine of $5,000. There is more information here.
Production of Child Pornography
The laws defines producing as directing, issuing, manufacturing, publishing, or advertising any sexually explicit material involving a child. Also, copying or altering any material could be considered production. This crime is punishable by up to fifteen years in prison and a fine of $5,000. You can find more details about manufacturing child pornography here.