Category Archives: Sex Crimes

What is Lewd and Lascivious conduct?

Q: My partner and I were caught by a police officer being intimate inside my partners car at an outdoor park that was closed at night. The officer took my partners name and drivers number, and just my name. We are both 18. I am just wondering what will or could happen. The officer did state that he knows it’s a different day and age and we are being kids. However, it is concerning that he still took down information. (Pittsburgh, PA)

A:  I am not sure exactly what you mean by “intimate”. If your actions involved having sex in a public park, even if closed, you could be cited with Open Lewdness, which reads as follows:
§ 5901. Open lewdness.
“A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed”.
If what you were doing was not that offensive and the officer wants to cut you a break, he may not file charges. He may have taken names and information for a record in the event police locate you there in the future. If the officer will file, you are considered at adult at age 18, and therefore may receive a summons for court. If you do, take it to a lawyer. The lawyer will know what options are available to you.

What should I do?

Q: I met a girl on a dating service called tagged then one night out of the blue she contacted me so we texted for a few days and then one particular night she started getting all raunchy talking about sex we ended up sexting then I got a call from her suppose it parents saying that she was a minor and they were going to go to the police supposedly she was making a sex video for me on her mother’s laptop now the guy wants me to buy them a new laptop for $1,700 or he will go to the police she was sending me pictures of her privates and I sent her pictures of mine I know it was a bad mistake I’m not trying to have my life ruined over this and Lord knows it will never happen again now I’m worried and don’t know what to do. (Baldwin Borough, PA)

A: Sounds like they are scammers. If they were legitimate, you would be hearing from the police or the Attorney General and the father wouldn’t be implicating himself in bribery to cover up child exploitation.

Can I be charged with indecent exposure for being nude genitals covered?

Q: I’m a nudist who wants to be as nude as possible as often as possible. The laws for PA I’ve found online don’t seem to stress anything else outside of genitalia interaction, other than offensive sexual gestures. Could I possibly garden or go to a public place (that doesn’t require some specific dress code) while mostly nude except for a covering over just my genitals without being charged for a crime? Or is there a law against baring one’s buttocks in public? If there is, could I walk around in most public places or in public view wearing just a speedo or G-string bikini? Just how nude can an innocent nudist be in most public places and in private but public view, a nudist with no intention to alarm, offend, or sexually arouse people through nudity, while remaining free from a conviction? (Beaver Falls, PA)

A: Pennsylvania defines Indecent Exposure as conduct involving a person who “exposes his or her genitals in any public place or in any place where there are present other persons when he or she knows or should know that this conduct is likely to offend, affront or alarm.” Yes, your genitalia must be covered under a strict interpretation of the statute. However, I think you would be pushing the limits by appearing in public dressed in only a speedo or G-string bikini. I have no doubt that some citizen will have an issue with you and the police will be called. The police are likely not to agree with your interpretation of the statute and you will be cited or arrested. My suggestion would be to do this behind a privacy fence in your own yard or join a nudist colony if you are not already a member.

Can a 16-year-old have sex with a 19-year -old in Pennsylvania?

Q: Can a 16-year-old have sex with 19-year-old legally? And if everything is 100% consensual.

A: Not a good idea. Corruption of Minors charges could be filed. I have seen this happen for a variety of reasons. For example, the relationship sours, the family of the 16-year -old, or any other person, is offended by it then talks to the police, etc. There is too much at risk for the 19-year-old. 16-year-old children are generally not emotionally mature enough to be doing this. (Pittsburgh, PA)

What legally could happen to my daughter?

Q: My daughter 19 was in a relationship on and off with a 17-year old male. Both sets of parents knew about relationship. In April, my daughter found out she was pregnant and now the mother of the boy wants to press charges for corruption of minor.

A: Legally, it could happen as he is a minor and she is an adult, even though barely. People on the lower IQ spectrum feed off television and want to put everyone else in jail. Will it happen? I would hope the police will not pursue this and would think cooler heads will prevail. To start young parents off with criminal charges will not serve any purpose other than aggravating the situation. Plus, the defendant may have a judge find her not guilty given the circumstances.

Can child-on-child sexual experiment be charged 7 years later?

Q: I have a 15 year-old and a 10 year-old, age difference is 5 years and 1 day. They apparently experimented with oral copulation, no ejaculation nor sexual attraction. There was no violence was used, however there was a minor threat. Could the 15 year-old be charged 7 plus years after the incident?

A: I am sorry to say that the 15 year-old who is now an adult can be charged as an adult in the adult criminal justice system with felony charges and face incarceration, in addition to Megan’s Law registration. If he or she would have been charged at the time of the alleged offense, the prosecution would have been in juvenile court. As a minor, treatment and therapy would have been ordered with the potential of having the charges withdrawn or expunged. These sex crimes statutes are very powerful. The best you can do is hire a lawyer and defend this. There will be defenses available such as delay in filing (prompt complaint) and lack of physical evidence. In addition, the victim may be appointed a guardian ad-litem and/or assigned victim’s advocate which may make matters worse or better for you as a parent.

Sexting

Q: Hi. I met a woman on a site where you post Snapchat names claiming to be 18-20. I asked her age and she said 18 on two separate occasions. She sent me no nude pics but I did send a nude picture of myself. She sent a video sucking on a pen and selfies. Again, no nudity from her. I have no reason to suspect she lied about her age but now I am stressed if she did. What is the outcome if she lied? (Pittsburgh, PA)

A: Whatever you do, do not send her “father” a gift card in exchange for his promise not to prosecute.

What does someone on Megan’s law need to do to be with kids?

Q: My fiancé and I want to get married but I recently got custody of my two granddaughters. Can he be able to stay in my home with me? He seems to like kids.

A: Your fiancé should know. If he doesn’t, that is a potential problem. When he entered his plea, he should have been given an explicit list of terms and conditions of his probation and Megan’s Law requirements. No one can answer this question without knowing these details or whether he was deemed a sexually violent predator. He may have been psychologically tested as part of his Megan’s Law requirement. If his story is that he lost his paperwork, or cannot remember such an important event in his life, he should get in contact with his former lawyer or probation officer to clarify. In addition, in the tragic event that something does happen, you may have criminal liability if you are aware of this past.

Can I receive expungement for my indecent exposure conviction?

Q: I sing with a popular oldies group from and it makes me feel less than human at times, because the night I was arrested for exposing myself, I also tried to kill myself because of past bad things happening in my life. I lost a job with the city, a home I was renting and a girlfriend. I was despondent and I turned to suicidal thoughts and I took a handful of Trazadone 100 mg. which gave me an erection and the rest is foggy to me. I was hallucinating and incoherent. I also had alcohol. I was pretty screwed up. However, reliving this in my head all the time. This conviction which keeps me from obtaining a job makes me think about suicide again, I need some help.

A: You should seek some professional help and then, see an attorney. Normally, you cannot expunge a misdemeanor 2 involving alleged sex crimes. However, an attorney can order your records to determine exactly what offenses you pleaded guilty to and then assess your eligibility for an expungement. Many people out there have mental health issues and are gainfully employed. If your issues are under control, your past can be explained to a potential employer. Someone may want to work with you.