Is indecent assault a felony in Pennsylvania?

It can be, but it isn't automatically. The baseline offense is a misdemeanor of the second degree; it rises to a misdemeanor of the first degree or a felony of the third degree depending on the complainant's age, a prior conviction, or aggravating circumstances like forcible compulsion. The specific subsection charged determines the grading.

What counts as 'indecent contact' under § 3126?

Section 3101 defines indecent contact as touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying sexual desire, in either party. Whether particular contact fits that definition, rather than being incidental or ambiguous, is often litigated rather than assumed.

Will an indecent assault conviction require Megan's Law registration?

Some grades do and some do not. Whether a particular § 3126 conviction falls within the SORNA tier system depends on the specific subsection and grading involved. I review that exposure before any plea is entered so a client knows what registration, if any, would follow.

Can I be convicted if it is just my word against theirs?

Yes, a conviction can rest on a single credible witness's testimony; Pennsylvania law does not require corroborating physical evidence. That's exactly why credibility, consistency, and the accuser's prior statements become the central battleground in many indecent assault cases.

Is indecent assault eligible for ARD in Pennsylvania?

Eligibility for Accelerated Rehabilitative Disposition varies by county and by the specific facts and grading of the charge; some sex-offense charges are excluded from ARD programs in certain counties. It's worth asking early, since ARD eligibility can shape strategy from the outset.

What happens at the preliminary hearing on an indecent assault charge?

The Commonwealth must present enough evidence, often through the complainant's testimony and the investigating officer, to establish a prima facie case for each element. It is usually the first chance to test the accuser's account under oath and can reveal inconsistencies useful later in the case.

Should I talk to the detective who called me about an indecent assault allegation?

I generally advise against giving a statement before speaking with an attorney. Detectives are permitted to be selective about what they share, and a voluntary statement, even one intended to clear things up, is often used to lock in details that can later be contradicted by other evidence.

Sex Crimes Defense · Indecent Assault

An indecent assault charge under § 3126 can range from a low-grade misdemeanor to a registrable felony depending on a single subsection.

Indecent assault under 18 Pa.C.S. § 3126 criminalizes 'indecent contact' with another person, or causing another person to have indecent contact with the accused, without that person's consent. The term 'indecent contact' is defined separately in § 3101, and whether particular touching meets that definition is often the first real fight in the case. What makes § 3126 unusual compared to most criminal statutes is how much the grading depends on which subsection applies: the same basic act can be a misdemeanor of the second degree, a misdemeanor of the first degree, or a felony of the third degree depending on whether the complainant was under a certain age, whether there was a prior indecent assault conviction, or whether other aggravating circumstances under the statute are present. Some grades of indecent assault carry registration consequences under SORNA, which can mean years of reporting obligations even where no one was physically injured. I have seen a large share of these charges arise from a single accuser's account with no video, no DNA, and no eyewitness — which does not make the charge any less serious, but it does mean the case often turns on credibility, timeline, and what the accuser said in the first report versus later. I handle indecent assault charges throughout Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties, and the earlier I'm involved — ideally before a formal statement is given to police — the more options a client usually has.

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What the statute actually requires

Indecent Assault Under 18 Pa.C.S. § 3126.

Section 3126 is graded in layers. As a baseline, indecent assault without consent is a misdemeanor of the second degree. It becomes a misdemeanor of the first degree where the complainant is less than 16 years of age and the defendant is four or more years older, where there is a prior conviction for indecent assault, or where certain other aggravating circumstances listed in the subsections apply — such as contact accomplished through forcible compulsion, threat, or while the complainant is unconscious or has a mental disability that renders them incapable of consent. The offense rises to a felony of the third degree where the complainant is less than 13 years of age, or where the same aggravating circumstances (forcible compulsion, incapacity, or a prior conviction) combine with a complainant under 16. Because §§ 1103 and 1104 set the outer sentencing caps — up to 7 years for a third-degree felony and up to 5 years for a first-degree misdemeanor — the practical stakes of an indecent assault case can differ enormously depending on exactly which paragraph of § 3126 the Commonwealth charges. Some felony and repeat-offense grades of indecent assault are registrable offenses under the SORNA tier system in §§ 9799.14 and 9799.15, which assigns Tier I, II, or III status and, in turn, a 15-year, 25-year, or lifetime reporting term. Indecent assault is also frequently charged alongside aggravated indecent assault under § 3125 where the Commonwealth alleges penetration in addition to contact, so it's worth confirming exactly which charges are actually pending rather than assuming the label on the docket tells the whole story.

Statute: 18 Pa.C.S. § 3126[1][2]

Registration & collateral consequences

Not every indecent assault conviction requires registration, but some felony and repeat-offense grades do fall within the SORNA tier system under §§ 9799.14 and 9799.15 — I evaluate tier exposure before any plea decision is made, not after.

registrable vs. non-registrable offenses · Megan's Law registration lawyer · preliminary hearing lawyer

Indecent Assault Under 18 Pa.C.S. § 3126: grading and maximum statutory exposure under 18 Pa.C.S. § 3126
Offense & grading	Maximum exposure
§ 3126 baseline — indecent contact without consent The default grade where none of the statute's aggravating subsections apply.	Misdemeanor of the second degree, up to 2 years under § 1104
§ 3126 — complainant under 16, defendant 4+ years older, or prior conviction Age gap or a prior indecent assault conviction moves the grading up one level.	Misdemeanor of the first degree, up to 5 years under § 1104
§ 3126 — forcible compulsion, threat, or incapacity to consent These aggravating circumstances can combine with age to reach felony grading.	Misdemeanor of the first degree or felony of the third degree depending on complainant's age
§ 3126 — complainant under 13 The lowest age bracket carries the highest grading regardless of other circumstances.	Felony of the third degree, up to 7 years under § 1103
Registrable grades — SORNA tier assignment Certain felony and aggravated grades of § 3126 fall within the SORNA tier system, triggering registration in addition to any sentence.	15, 25 years, or lifetime reporting under §§ 9799.14 and 9799.15
Charged alongside § 3125 (aggravated indecent assault) Where penetration is also alleged, an aggravated indecent assault count is often filed in addition to the § 3126 contact-only count.	Separate, higher felony exposure on the § 3125 count

These are statutory ceilings, not expected sentences. In this area of the law the registration tier attached to a disposition is frequently more consequential to a client's life than the sentence itself, so both get negotiated together.

Jurisdiction & court process

Where a indecent assault case is heard, and what happens when.

Preliminary arraignment and preliminary hearing

Indecent assault cases in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties begin with an arraignment before a magisterial district judge and proceed to a preliminary hearing, where the Commonwealth must present a prima facie case. Because many of these cases rest on a single complainant's account, the preliminary hearing is often the first opportunity to test the timeline and consistency of that account under oath.

Common Pleas practice across Central Pennsylvania

Felony-graded § 3126 charges, and misdemeanor charges that don't resolve early, proceed to the Court of Common Pleas in the county where the charge was filed. Each of Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties handles pretrial motions, plea negotiations, and diversion eligibility somewhat differently, and local practice affects what a realistic resolution looks like.

Investigative interviews and forensic interviews of minors

Where the complainant is a minor, cases often involve a recorded forensic interview at a child advocacy center before charges are filed. Reviewing how that interview was conducted, and what was or wasn't asked, can matter as much as anything that happens later in court.

Registration and SVP screening after conviction

Where a conviction falls within a registrable grade, the court's SORNA colloquy and any Sexual Offender Assessment Board involvement typically happen at or before sentencing, and understanding tier exposure before entering any plea is essential rather than something to sort out afterward.

How we defend indecent assault cases.

Contest whether the contact meets the § 3101 definition
Not every touching is 'indecent contact' as that term is defined; whether the alleged conduct actually fits the statutory definition is a threshold question worth litigating.
Challenge consent directly
Where the parties knew each other, evidence bearing on consent — communications, context, and conduct before and after — can be central to disputing the Commonwealth's theory.
Attack credibility and consistency of the accusation
Many indecent assault cases rest on one account with no corroborating physical evidence; inconsistencies between initial reports, forensic interviews, and later testimony are often the heart of the defense.
Dispute the age or relationship facts driving grading
Because grading depends heavily on the complainant's exact age and any age gap, confirming those facts rather than accepting the Commonwealth's assumption can change the case from a felony to a misdemeanor.
Scrutinize how a minor's forensic interview was conducted
Suggestive or leading questioning during a forensic interview can be challenged through expert review and cross-examination.
Negotiate toward a non-registrable disposition where the facts allow
Where the grading is contested or ambiguous, resolving the case at a level that avoids SORNA registration is often a central goal, even short of full dismissal.

Where we appear

Sex crimes defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and the Courts of Common Pleas in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties. Start with your city:

Other sex crimes defense guides.

FAQ

Frequently asked questions.

Common questions about indecent assault charges in Pennsylvania — the statutory elements, the court process, registration, and the defenses that actually matter.

It can be, but it isn't automatically. The baseline offense is a misdemeanor of the second degree; it rises to a misdemeanor of the first degree or a felony of the third degree depending on the complainant's age, a prior conviction, or aggravating circumstances like forcible compulsion. The specific subsection charged determines the grading.
Section 3101 defines indecent contact as touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying sexual desire, in either party. Whether particular contact fits that definition, rather than being incidental or ambiguous, is often litigated rather than assumed.
Some grades do and some do not. Whether a particular § 3126 conviction falls within the SORNA tier system depends on the specific subsection and grading involved. I review that exposure before any plea is entered so a client knows what registration, if any, would follow.
Yes, a conviction can rest on a single credible witness's testimony; Pennsylvania law does not require corroborating physical evidence. That's exactly why credibility, consistency, and the accuser's prior statements become the central battleground in many indecent assault cases.
Eligibility for Accelerated Rehabilitative Disposition varies by county and by the specific facts and grading of the charge; some sex-offense charges are excluded from ARD programs in certain counties. It's worth asking early, since ARD eligibility can shape strategy from the outset.
The Commonwealth must present enough evidence, often through the complainant's testimony and the investigating officer, to establish a prima facie case for each element. It is usually the first chance to test the accuser's account under oath and can reveal inconsistencies useful later in the case.
I generally advise against giving a statement before speaking with an attorney. Detectives are permitted to be selective about what they share, and a voluntary statement, even one intended to clear things up, is often used to lock in details that can later be contradicted by other evidence.

[1]18 Pa.C.S. § 3126 — Indecent assault — indecent contact without consent; graded from M2 up to F3 depending on the subsection, the complainant's age, and prior convictions.
[2]18 Pa.C.S. § 3101 — Chapter 31 definitions — including 'indecent contact', 'forcible compulsion', 'deviate sexual intercourse', and 'sexual intercourse'.
[3]18 Pa.C.S. § 3125 — Aggravated indecent assault — felony of the second degree generally, and felony of the first degree under § 3125(b) where the complainant is under 13.
[4]18 Pa.C.S. § 3102 — Mistake as to age — where the complainant is alleged to be under 14, mistake of age is no defense; above that age, a defendant may prove a reasonable belief the complainant was above the critical age.
[5]42 Pa.C.S. § 9799.14 — SORNA tier system — assigns registrable offenses to Tier I, Tier II, or Tier III, which is what sets the registration term and reporting frequency.
[6]42 Pa.C.S. § 9799.15 — SORNA period of registration — 15 years for Tier I, 25 years for Tier II, and lifetime for Tier III, with in-person reporting intervals set by tier.
[7]18 Pa.C.S. § 1103 — Sentences for felonies — F1 up to 20 years, F2 up to 10, F3 up to 7.
[8]18 Pa.C.S. § 1104 — Sentences for misdemeanors — M1 up to 5, M2 up to 2, M3 up to 1.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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