What is the Statute of Limitations in Pennsylvania for Indecent Assault on a Minor?

03/09/2011 - Category:Criminal - Statute of Limitations - State: PA #24370

Full Question:

In Penn. what is the statute of Limitations on indecent assault of a miner

Answer:

PA law provides that the statute of limitations begins for any sexual offense committed against a minor who is less than 18 years of age any time up to the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age. Therefore, it indecent assault may be prosecuted until the minor turns 50. 42 Pa.C.S.A. § 5552. Other offenses (a) General rule. — Except as otherwise provided in this subchapter, a prosecution for an offense must be commenced within two years after it is committed. (b) Major offenses. — A prosecution for any of the following offenses must be commenced within five years after it is committed: (1) Under the following provisions of Title 18 (relating to crimes and offenses): Section 901 (relating to criminal attempt) involving attempt to commit murder where no murder occurs. Section 902 (relating to criminal solicitation) involving solicitation to commit murder where no murder occurs. Section 903 (relating to criminal conspiracy) involving conspiracy to commit murder where no murder occurs. Section 911 (relating to corrupt organizations). Section 2702 (relating to aggravated assault). Section 2706 (relating to terroristic threats). Section 2713 (relating to neglect of care-dependent person). Section 2901 (relating to kidnapping). Section 3301 (relating to arson and related offenses). Section 3502 (relating to burglary). Section 3701 (relating to robbery). Section 3921 (relating to theft by unlawful taking or disposition) through section 3933 (relating to unlawful use of computer). Section 4101 (relating to forgery). Section 4107 (relating to deceptive or fraudulent business practices). Section 4108 (relating to commercial bribery and breach of duty to act disinterestedly). Section 4109 (relating to rigging publicly exhibited contest). Section 4117 (relating to insurance fraud). Section 4701 (relating to bribery in official and political matters) through section 4703 (relating to retaliation for past official action). Section 4902 (relating to perjury) through section 4912 (relating to impersonating a public servant). Section 4952 (relating to intimidation of witnesses or victims). Section 4953 (relating to retaliation against witness, victim or party). Section 5101 (relating to obstructing administration of law or other governmental function). Section 5111 (relating to dealing in proceeds of unlawful activities). Section 5512 (relating to lotteries, etc.) through section 5514 (relating to pool selling and bookmaking). Section 5902(b) (relating to prostitution and related offenses). Section 6111(g)(2) and (4) (relating to sale or transfer of firearms). (2) Any offense punishable under section 13(f) of the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act.[fn1] (3) Any conspiracy to commit any of the offenses set forth in paragraphs (1) and (2) and any solicitation to commit any of the offenses in paragraphs (1) and (2) if the solicitation results in the completed offense. (4) Under the act of June 13, 1967 (P.L. 31, No. 21), known as the Public Welfare Code.[fn2] (5) Under the act of November 24, 1998 (P.L. 874, No. 110), known as the Motor Vehicle Chop Shop and Illegally Obtained and Altered Property Act.[fn3] (b.1) Major sexual offenses. — A prosecution for any of the following offenses under Title 18 must be commenced within 12 years after it is committed: Section 3121 (relating to rape). Section 3122.1 (relating to statutory sexual assault). Section 3123 (relating to involuntary deviate sexual intercourse). Section 3124.1 (relating to sexual assault). Section 3125 (relating to aggravated indecent assault). Section 4302 (relating to incest). Section 6312 (relating to sexual abuse of children). (c) Exceptions. — If the period prescribed in subsection (a), (b) or (b. 1) has expired, a prosecution may nevertheless be commenced for: (1) Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this paragraph extend the period of limitation otherwise applicable by more than three years. (2) Any offense committed by a public officer or employee in the course of or in connection with his office or employment at any time when the defendant is in public office or employment or within five years thereafter, but in no case shall this paragraph extend the period of limitation otherwise applicable by more than eight years. (3) Any sexual offense committed against a minor who is less than 18 years of age any time up to the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age. As used in this paragraph, the term "sexual offense" means a crime under the following provisions of Title 18 (relating to crimes and offenses): Section 3121 (relating to rape). Section 3122.1 (relating to statutory sexual assault). Section 3123 (relating to involuntary deviate sexual intercourse). Section 3124.1 (relating to sexual assault). Section 3125 (relating to aggravated indecent assault). Section 3126 (relating to indecent assault). Section 3127 (relating to indecent exposure). Section 4302 (relating to incest). Section 4304 (relating to endangering welfare of children). Section 6301 (relating to corruption of minors). Section 6312(b) (relating to sexual abuse of children). Section 6320 (relating to sexual exploitation of children). (4) An offense in violation of 18 Pa.C.S. § 6111(c) or (g), within one year of its discovery by State or local law enforcement, but in no case shall this paragraph extend the period of limitation otherwise applicable by more than eight years. (c.1) Genetic identification evidence. — Notwithstanding any provision of law to the contrary, if evidence of a misdemeanor sexual offense set forth in subsection (c)(3) or a felony offense is obtained containing human deoxyribonucleic acid (DNA) which is subsequently used to identify an otherwise unidentified individual as the perpetrator of the offense, the prosecution of the offense may be commenced within the period of limitations provided for the offense or one year after the identity of the individual is determined, whichever is later. (d) Commission of offense. — An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the complicity of the defendant therein is terminated. Time starts to run on the day after the offense is committed. (e) Commencement of prosecution. — Except as otherwise provided by general rule adopted pursuant to section 5503 (relating to commencement of matters), a prosecution is commenced either when an indictment is found or an information under section 8931(b) (relating to indictment and information) is issued, or when a warrant, summons or citation is issued, if such warrant, summons or citation is executed without unreasonable delay.

Please see the information at the following links: http://definitions.uslegal.com/s/statute-of-limitations/ http://definitions.uslegal.com/i/indecent-assault/ Please see the forms at the following links:

03/09/2011 - Category: Statute of Limitations - State: PA #24370

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