As a second-degree felony, it carries a maximum penalty of up to ten years in jail. Indecent assault is an assault that is sexual in nature. However, it is important to be aware that these are maximum penalties and a good lawyer will seek to keep the case in the Local Court and fight for the most lenient outcome. Any person who has indecent contact with another or takes indecent liberties with a person without his or her consent is guilty of indecent assault. Indecent assault has been replaced by the new sexual touching laws in NSW. Indictable offences are more serious offences triable before a judge and jury in the County or Supreme Court. Aggravated Indecent Assault Defined. INDECENT ASSAULT. The maximum penalty is increased to 14 years imprisonment if the offence involves contact between mouth and genitals or anus. These penalties are typically reserved for the worst offenders. Indecent Assault and Battery when the victim has an intellectual disability: Penalties of up to 10 years in prison, with a minimum sentence of five years. Depending on what other crimes are attached, indecent assault can be upgraded to a more serious felony. In December 2018 in NSW, the offence of Indecent Assault was replaced with the new offence of ‘Sexual Touching’. 18 Pa.C.S. Penalty. The law deems that a person under the age of 14 is unable to consent to that type of touching, therefore a defendant may not argue that the victim “consented” t … Rape. However, these penalties are typically reserved for the worst offenders. Aggravated Indecent Assault Victim under 16 years s.61M(1) (NSW) Crimes Act s 61M (1) Aggravated indecent assault (3) Circumstances of aggravation: (b) victim is under the age of 16 years Maximum Penalty: 7 years Standard non-parole period: 5 years (for offences committed on or after 1.2.2003) Commenced: 19.3.1991 aggravated sexual assault: life in prison - max 25 years: sexual assault with a weapon, threats to a third party or bodily harm: 14 years in prison: sexual assault tried as an indictable offence: 10 years in prison: sexual assault tried as a summary conviction offence* 6 months in jail and a $2,000 fine Indecent assault is classified as an offence under sections 14 and 15 of the Sexual Offences Act 1956. Penalty Received We were able to have the above charges reduced down to indecent behaviour dealt with on the basis of without recording a conviction. (a) Offense defined.--A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and: For instance, aggravated indecent assault of a child has a great deal to do with the age of the child. Penalties for Indecent Assault. Judges can choose any range that falls within those limits. This is a minor offense and is similar to accumulating too many traffic tickets. A criminal defense team with a proven track record is your best option. Sec. In the ACT, it is unlawful to stalk another person and causing them fear of harm, or to cause actual harm. § 3126. An indecent assault by touching or “feeling up,” alleged to have been committed on the MTR, for instance, is likely to be heard in the Magistracy. Get Peace of Mind Today: Contact a Criminal Defense Lawyer s44(2) 10 years. Aggravated indecent assault though, is one that does not receive the attention of more common sexual offenses, such as rape, which is a separate charge the man is also facing. 22.012. The offence of Indecent Assault carries a maximum penalty of two years imprisonment in the Local Court and five years imprisonment in the District Court. *Including indecent assault upon a child under 16 with aggravating circumstances pursuant to s44(3). Section 3125. The maximum sentence for indecent exposure is up to. Having determined the category, the court should use the corresponding starting points to reach a sentence within the category range. In many jurisdictions, the two crimes are considered the same. DCCC 745/2014). Indecent assault with aggravating circumstances. The offence of Aggravated indecent assault on a child carries a maximum penalty of two years imprisonment in the Local Court and 10 years imprisonment in the District Court. Indecent assault is an indictable offence that carries a maximum penalty of 10 years’ imprisonment and/or a fine of 1,200 penalty units. In order to learn more about specific sentencing and penalties for sexual assault, consult the laws of the jurisdiction where the conviction took place. Indecent Assault – Likely Penalty If, however, the court is able to prove all elements beyond reasonable doubt, then the defendant will be liable for up to 5 years imprisonment per offence. The penalty may be raised to a maximum of 25 years imprisonment in circumstances where aggravation is a factor. [20-680] Assault with intent to have sexual intercourse: s 61K [20-690] Indecent assault Section 61M — “in circumstances of aggravation” [20-700] Sexual assault procured by intimidation, coercion and other non-violent threats [20-710] Victim with a cognitive impairment: s 66F [20-720] Sexual assault by forced self-manipulation: s 80A The maximum penalty is life imprisonment if the offence involves being or pretending to be armed or being in company. Indecent Assault. Step 2 – Starting point and category range. When indecent assault was known as groping, it was only considered a Class C misdemeanor. The individual accused of this crime has allegedly taken liberties with another person without that person’s consent. The Tribunal cancelled the doctor’s registration and censured the doctor to mark its disapproval. Penalty: Level 5 imprisonment (10 years maximum). Aggravated indecent assault is defined under 18 PA. C.S.A. The indecent assault of a minor by a person in a position of trust is more likely to be heard in the District Court (Please see HKSAR v T.R.E. The maximum penalty a person faces if convicted of a Class C misdemeanor is a $500 fine. A person who was guilty of indecent assault would face a penalty of up to five years imprisonment under section 61L of the Crimes Act 1900 (NSW). Code for Crown Prosecutors. A hefty fine can be attached to indecent assault, up to $25,000 in total damages. s45(1) 10 years. Wrap Up The maximum penalty for the criminal offence of Indecent assault is 10 years imprisonment. Indecent assault carries a maximum penalty of 5 years imprisonment if the case is committed up to the District Court, or 2 years where it remains in the Local Court. The actual mandatory minimum sentence is determined by the offense and the age of the victim. * for children under 13 please refer to the guideline for Sexual Assault of a Child Under 13. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; In the meantime, 18 PA Cons Stat § 3126 provides insight into what constitutes non-aggravated indecent assault. Indecent Assault. What is the penalty for indecent exposure? Seek legal advice. s44(1) 5 years. Example of a State Statute on Indecent Assault. Certain offenses, like Rape, IDSI, and Aggravated Indecent Assault, can carry mandatory prison time of 5 or 10 years. Introduction. Indecent assault * Including indecent assault upon a child under 16 pursuant to s44(3). This offence has two parts. Indecent assault is a serious offence but also one that is often dealt with by a sentence other than jail. It is a sex crime. Indecent Assault and Battery when the victim is elderly or disabled: Penalties of up to 10 years in prison when the victim has permanent or long-term physical or mental impairments. Charges of indecent assault and battery, in terms of the penalties, can be impacted by the severity of the offense and the age of the victim. Penalty. Indecent assault falls under the sex offence category. It also ordered the doctor to pay 25%, ($5,720) of the costs of and incidental to the PCC’s investigation, prosecution and the Tribunal’s hearing. It's important to remember that an indecent exposure charge reach the level of a sexual assault if any physical contact is made. A person commits indecent assault if he or she assaults another person in indecent circumstances – Maximum Penalty. New York law sets the absolute minimum sentence for sexual assault at one to two years and the absolute maximum penalty at seven years. Indecent assault is covered by section 39 of the Crimes Act 1958 (Vic).. Section 61L of the Crimes Act 1900 reads: Any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 5 years.