What is the age of consent in Pennsylvania?

Pennsylvania's age of consent is 16. Section 3122.1 layers an additional age-gap requirement on top of that: even with a complainant under 16, the grading and applicability of the charge depend on how much older the defendant is than the complainant.

Does it matter that the other person said yes?

No. Statutory sexual assault does not require the Commonwealth to prove a lack of consent. A complainant under 16 is treated as legally incapable of consenting for purposes of this statute, so whether the encounter felt consensual to either party is not an element of the offense.

How does the age difference change the grading under § 3122.1?

An age gap of four years or more but less than eleven years makes the offense a felony of the second degree, carrying up to 10 years. An age gap of eleven years or more raises it to a felony of the first degree, carrying up to 20 years. The exact gap, calculated from both parties' birth dates, controls the grading.

Is mistake about someone's age ever a defense in Pennsylvania?

It depends on the complainant's actual age. Under § 3102, if the complainant is alleged to be under 14, mistake of age is not a defense under any circumstances. If the complainant is alleged to be 14 or 15, a defendant may attempt to show a reasonable belief that the complainant was older.

Do statutory sexual assault charges require sex offender registration?

Convictions under § 3122.1 can carry SORNA registration obligations under §§ 9799.14 and 9799.15. The specific tier and registration length depend on the grading of the conviction and the case's particular facts, which is why evaluating this exposure early matters.

What other charges usually get filed alongside § 3122.1?

Corruption of minors under § 6301 is commonly charged for the same conduct, since a course of conduct meeting a Chapter 31 offense can independently support a corruption count. Indecent assault under § 3126 may also be charged where additional contact is alleged.

Can a statutory sexual assault charge be resolved without a felony conviction?

It depends on the facts, the exact age gap, and the county's charging practices. In some cases, negotiating toward a different, lower-graded offense or a diversionary resolution may be possible, though eligibility varies significantly based on the specific circumstances involved.

Sex Crimes Defense · Statutory Sexual Assault

In a § 3122.1 case, the complainant's age and the age gap decide the charge — not whether the encounter was consensual.

18 Pa.C.S. § 3122.1 is one of the most misunderstood statutes in Chapter 31, and getting the basic point right matters more than anything else at the start of a case: whether the complainant said yes is not a defense. Statutory sexual assault applies where the complainant is under 16 years old and not married to the defendant, and the law treats a person under that age as legally incapable of consenting to sexual intercourse for purposes of this statute. What the Commonwealth has to prove instead is the complainant's age, the defendant's age, and that intercourse occurred — nothing about willingness or lack of resistance changes the analysis. The grading itself then depends entirely on the age gap between the two people: a difference of four years or more but less than eleven years produces one grading, and a difference of eleven years or more produces a significantly higher one. A separate statute, § 3102, governs whether mistake about the complainant's age can ever be raised as a defense, and that answer differs sharply depending on whether the complainant was under 14 or between 14 and 16. Charges under § 3122.1 often appear alongside corruption of minors under § 6301, and carry SORNA registration consequences that can extend well beyond the sentence itself. I handle these cases across Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties, and because the elements here are so different from what most people assume a 'consent' case looks like, an early and clear-eyed explanation of exactly what the Commonwealth must prove is often the most valuable thing I can provide a client in the first conversation.

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What the statute actually requires

Statutory Sexual Assault Under 18 Pa.C.S. § 3122.1.

Section 3122.1 applies to sexual intercourse with a complainant who is under 16 years of age and not married to the defendant. Age of consent in Pennsylvania is 16; below that age, a person is not treated as legally capable of consenting for purposes of this statute, regardless of the actual dynamics between the parties. The grading is set entirely by the age difference between the defendant and the complainant: the offense is a felony of the second degree, carrying up to 10 years under § 1103, where the defendant is four or more years older but less than eleven years older than the complainant. It becomes a felony of the first degree, carrying up to 20 years under § 1103, where the age difference is eleven years or more. Section 3102 separately governs whether mistake as to the complainant's age can be raised: where the complainant is alleged to be under 14, mistake of age is no defense at all, no matter how reasonable the belief; where the complainant is between 14 and 16, a defendant may attempt to show a reasonable belief that the complainant was older, though this defense is narrow and fact-dependent. Corruption of minors under § 6301 is frequently charged in the same case, since a course of conduct that would constitute a Chapter 31 offense against a minor can independently support a felony-of-the-third-degree corruption charge. Convictions under § 3122.1 fall within the SORNA tier framework under §§ 9799.14 and 9799.15, and the specific tier depends on the grading and circumstances of the conviction.

Statute: 18 Pa.C.S. § 3122.1[1][2]

Registration & collateral consequences

Statutory sexual assault convictions carry SORNA registration exposure under §§ 9799.14 and 9799.15, with the specific tier and reporting term depending on the grading — this should be understood clearly before any plea is considered.

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

Statutory Sexual Assault Under 18 Pa.C.S. § 3122.1: grading and maximum statutory exposure under 18 Pa.C.S. § 3122.1
Offense & grading	Maximum exposure
§ 3122.1 — age difference 4 years or more but less than 11 The complainant's actual consent is not relevant; only the age gap and the complainant's age under 16 matter.	Felony of the second degree, up to 10 years under § 1103
§ 3122.1 — age difference 11 years or more The larger age gap moves the offense to the highest felony grading available under the statute.	Felony of the first degree, up to 20 years under § 1103
Mistake of age where complainant alleged under 14 A defendant's genuine, even reasonable, belief that the complainant was older does not excuse the conduct at this age bracket.	No defense available under § 3102
Mistake of age where complainant alleged 14 or 15 This is a narrow, fact-specific defense that depends on what information was reasonably available to the defendant at the time.	A reasonable-belief defense may be available under § 3102
Companion § 6301 corruption of minors count Frequently filed alongside § 3122.1 for the same underlying conduct.	Felony of the third degree where tied to a Chapter 31 offense
SORNA registration exposure The specific tier and registration term depend on the grading of the § 3122.1 conviction and any related counts.	Tiered registration under §§ 9799.14 and 9799.15

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 statutory sexual assault case is heard, and what happens when.

Preliminary arraignment and preliminary hearing

Statutory sexual assault charges in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties begin before a magisterial district judge, with a preliminary hearing focused on establishing the ages of both parties and that intercourse occurred. Because consent isn't at issue, these hearings often center on documentary proof of age and the reliability of how the relationship's timeline is established.

Felony practice in the Court of Common Pleas

Because § 3122.1 is always graded as a felony, cases proceed to the Court of Common Pleas for arraignment, pretrial motions, and trial. Local practice across Central Pennsylvania counties varies in how these cases are charged and negotiated, particularly where the age gap is close to a grading threshold.

Age verification and documentary evidence

Because grading depends on a specific age-gap calculation, birth records, school records, and other documentary evidence of both parties' ages are often central to pretrial preparation, particularly where dates of birth are close to a relevant boundary.

Registration determination at sentencing

Where a conviction results, the court's SORNA colloquy at sentencing sets out the applicable tier and reporting term; understanding this exposure in advance, before any plea decision, is important given how significantly registration terms can vary by grading.

How we defend statutory sexual assault cases.

Verify the ages of both parties precisely
Because grading hinges on an exact age-gap calculation, confirming both parties' dates of birth and the date of the alleged conduct can directly change the applicable grading.
Raise a reasonable-belief-as-to-age defense where available
Where the complainant is alleged to be 14 or 15, § 3102 may permit a defense based on a reasonable belief the complainant was older; this defense is unavailable where the complainant is alleged to be under 14.
Contest whether intercourse as statutorily defined occurred
The Chapter 31 definitions in § 3101 set the boundaries of what conduct the statute reaches, and whether the alleged conduct meets that definition is sometimes a genuine question.
Address duplicative corruption-of-minors charges
Where § 6301 is charged for the same underlying conduct as § 3122.1, resolving the case in a way that avoids stacking penalties for a single course of conduct is often a realistic goal.
Scrutinize how the relationship timeline was established
Text messages, photographs, and third-party statements used to establish when a relationship began or when specific conduct occurred are often contestable on reliability grounds.
Negotiate around registration exposure
Where the underlying facts are not seriously disputed, working toward a disposition or grading that reduces or avoids SORNA registration is frequently the most meaningful outcome available.

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:

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FAQ

Frequently asked questions.

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

Pennsylvania's age of consent is 16. Section 3122.1 layers an additional age-gap requirement on top of that: even with a complainant under 16, the grading and applicability of the charge depend on how much older the defendant is than the complainant.
No. Statutory sexual assault does not require the Commonwealth to prove a lack of consent. A complainant under 16 is treated as legally incapable of consenting for purposes of this statute, so whether the encounter felt consensual to either party is not an element of the offense.
An age gap of four years or more but less than eleven years makes the offense a felony of the second degree, carrying up to 10 years. An age gap of eleven years or more raises it to a felony of the first degree, carrying up to 20 years. The exact gap, calculated from both parties' birth dates, controls the grading.
It depends on the complainant's actual age. Under § 3102, if the complainant is alleged to be under 14, mistake of age is not a defense under any circumstances. If the complainant is alleged to be 14 or 15, a defendant may attempt to show a reasonable belief that the complainant was older.
Convictions under § 3122.1 can carry SORNA registration obligations under §§ 9799.14 and 9799.15. The specific tier and registration length depend on the grading of the conviction and the case's particular facts, which is why evaluating this exposure early matters.
Corruption of minors under § 6301 is commonly charged for the same conduct, since a course of conduct meeting a Chapter 31 offense can independently support a corruption count. Indecent assault under § 3126 may also be charged where additional contact is alleged.
It depends on the facts, the exact age gap, and the county's charging practices. In some cases, negotiating toward a different, lower-graded offense or a diversionary resolution may be possible, though eligibility varies significantly based on the specific circumstances involved.

[1]18 Pa.C.S. § 3122.1 — Statutory sexual assault — graded F2 where the complainant is under 16 and the defendant is 4 or more but less than 11 years older, and F1 where the age difference is 11 years or more.
[2]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.
[3]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.
[4]18 Pa.C.S. § 6301 — Corruption of minors — M1 for corrupting the morals of a minor under 18, and F3 under § 6301(a)(1)(ii) where the course of conduct would constitute a Chapter 31 offense.
[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.

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

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