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Involuntary Deviate Sexual Intercourse (IDSI)

18 Pa. Cons. Stat. § 3123

Although similar to criminal charges of rape, involuntary deviate sexual intercourse (IDSI) is actually completely separate. Under 18 Pa. Cons. Stat. § 3123, IDSI is the criminal act of engaging in "deviate sexual intercourse" with another person; this is defined under Pennsylvania Criminal Codes as the following:

"Sexual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal. The term also includes penetration, however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures."

To be criminally charged with IDSI, however, it must be proven that the deviate sexual intercourse was involuntary and occurred under the following circumstances:

  • With the use or threat of forcible compulsion;
  • Where the victim was unconscious or otherwise unaware of what was happening;
  • Where the victim was impaired & unable to appraise or control his or her conduct; or
  • When the victim has a mental disability that rendered him or her incapable of consent.

A defendant can also be criminally charged in cases where the victim was younger than 16-years-old, and where the defendant was at least four years old; in these cases, it must also be proven that the defendant and the victim were not married to one another. Should someone be convicted of IDSI, it is a felony of the first degree; under 18 Pa. Cons. Stat. § 1103, this will include imprisonment for no more than 20 years.

Criminal Charges of IDSI with a Child

In certain cases, criminal charges of IDSI can become aggravated. For example, per Pennsylvania Criminal Codes, it is considered "involuntary deviate sexual intercourse with a child" when the defendant is found to have involuntary deviate sexual intercourse with a minor who under the age of 13. For criminal cases involving IDSI with a child, the sentence can include imprisonment that lasts no more than 40 years; when it includes IDSI with a child who suffered serious bodily injury, that maximum term is imprisonment for life.

Have you been criminally charged with IDSI in Pittsburgh?

Although parallel to criminal charges of rape, IDSI is actually much broader and can include many more forms of sex crimes; therefore, it is much more difficult to defend against. For this reason, if you have been accused of IDSI, it is crucial that you reach out and get the help of a knowledgeable Pittsburgh sex crime attorney that you can trust. At Blaine Jones Law, we are dedicated to helping people who have been accused of a sex-related crime. Throughout our legal careers, we have represented more than 10,000 criminal cases. We are proud of the fact that we are more than paper pushers; we are trial attorneys. You wouldn't hire a doctor who had never stepped foot in a hospital, so why hire a lawyer who has never stepped foot in a courtroom? With our firm, you get an aggressive defender who knows the ins and outs of the judicial system.

Contact a Pittsburgh criminal attorney from our firm to learn how we can fight for your freedom.

Blaine Jones Law, LLC - Pittsburgh Criminal Defense Attorney
Located at 600 Grant St #660 Pittsburgh, PA 15219. View Map
Phone: (412) 475-0062
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