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The term also includes penetration, however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures. (b) Grading.--If the person knows or should have known that any of the persons present are less than 16 years of age, indecent exposure under subsection (a) is a misdemeanor of the first degree. statutory rape laws is published on the Web by the National Clearinghouse on Child Abuse and Neglect Information. Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: Sexual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal. (a) Offense defined.--A person commits indecent exposure if that person exposes his or her genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm. The testimony of a complainant need not be corroborated in prosecutions under this chapter. You should contact a legal advisor in your area for a proper determination of law on any questions you might have. The credibility of a complainant of an offense under this chapter shall be determined by the same standard as is the credibility of a complainant of any other crime. Do not rely on this information to make legal decisions. Otherwise, indecent assault is a misdemeanor of the second degree. The term includes, but is not limited to, compulsion resulting in another person's death, whether the death occurred before, during or after sexual intercourse. PDF Copyright holders: We are not trying to assert any rights to your article.
Prompt reporting to public authority is not required in a prosecution under this chapter: Provided, however, That nothing in this section shall be construed to prohibit a defendant from introducing evidence of the complainant's failure to promptly report the crime if such evidence would be admissible pursuant to the rules of evidence. Other than cursory review, no efforts have been made to independently verify the current status of the legal statutes contained in these page nor whether any cases used as examples are still precedent. If, at the time of trial, the court determines that the motion and offer of proof are sufficient on their faces, the court shall order an in camera hearing and shall make findings on the record as to the relevance and admissibility of the proposed evidence pursuant to the standards set forth in subsection (a). Information contained on this site has been provided by readers and/or has been discovered through the research of volunteers. The alleged victim need not resist the actor in prosecutions under this chapter: Provided, however, That nothing in this section shall be construed to prohibit a defendant from introducing evidence that the alleged victim consented to the conduct in question. No instructions shall be given cautioning the jury to view the complainant's testimony in any other way than that in which all complainants' testimony is viewed. Any emails and other user comments and opinions included on this site are the opinions of the creator of the message and are not necessarily those of this site, its editors, advertisers or other affiliated entities.
When criminality depends on the child's being below a critical age older than 14 years, it is a defense for the defendant to prove by a preponderance of the evidence that he or she reasonably believed the child to be above the critical age. We capture and store articles to prevent loss due to system crashes and the space limitations that most sites operate under. We do not, and can not offer any legal advice or provide any legal counsel.
Except as otherwise provided, whenever in this chapter the criminality of conduct depends on a child being below the age of 14 years, it is no defense that the defendant did not know the age of the child or reasonably believed the child to be the age of 14 years or older. We operate as a repository with a virtually unlimited storage capacity. Age Of is a repository of both legal and commentary information on laws relating to sexual activity.