The Charges Against Jerry Sandusky

Today, the trial in the case brought by Pennsylvania against former Penn State assistant football coach Jerry Sandusky begins.  In the case, Sandusky is charged with 52 counts of various misdemeanors and felonies against ten alleged victims.

The charges against Sandusky are explained below.  Along with a description of the charge that the prosecution must prove beyond a reasonable doubt at trial, the following also notes against which victims the crimes were allegedly committed and when the crime is alleged to have happened.  The charges are also numbered to give a sense of the vastness of charges at issue in this case.

Involuntary Deviate Sexual Intercourse

In this instance, Sandusky is being charged with the first degree felony of involuntary deviate sexual intercourse.

The prosecution will have to prove that Sandusky engaged in deviate sexual intercourse with a victim under the age of 16, who he was four or more years older than and not married to, or that  Sandusky engaged in deviate sexual intercourse with a victim who was less than 13 years of age.

If Sandusky is found guilty of these charges, he could face a sentence up to 40 years for each charge.

Applies to:

1.  Alleged Victim 1 (June 2007 – September 2008)  – 2 counts

3.  Alleged Victim 2 (February 9, 2001) – 1 count

4.  Alleged Victim 4 (1996-2000) – 3 counts

7.  Alleged Victim 8 (November 2000) – 1 count

8.  Alleged Victim 9 (July 2005 – December 2008) – 2 counts

10.  Alleged Victim 10 (September 1997 – July 1999) – 2 counts

Indecent Assault

Sandusky is also charged with one felony count of indecent assault and eight misdemeanor counts of indecent assault.  The prosecution will have to prove that Sandusky had indecent contact with the complainant, caused the complainant to have indecent contact with the person or intentionally caused the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant.  For the misdemeanor charges, the prosecution will have to prove that the alleged victims were under the age of 16, that Sandusky was over four years older than them and that they were not married.

In addition to the elements above, for the felony charge, the prosecution will have to prove that the alleged victim was under the age of 13 and one of the following applies:  the instance in question was a second or subsequent offense, there had been a course of conduct of indecent assault by Sandusky, the indecent assault was committed by touching the alleged victim’s sexual or intimate parts with sexual or intimate parts of Sandusky or the  indecent assault was committed by touching Sandusky’s sexual or intimate parts with the alleged victim’s sexual or intimate parts.

Applies to:

Felony charge

12.  Alleged Victim 1 (June 2007 – September 2008) – 1 count

Misdemeanor charges

13.  Alleged Victim 2 (February 9, 2001) – 1 count

14.  Alleged Victim 3 (July 1999 – December 2001) – 1 count

15.  Alleged Victim 4 (1996 – 2000) – 1 count

16.  Alleged Victim 5 (August 2001) – 1 count

17.  Alleged Victim 6 (May 3, 1998) – 1 count

18.  Alleged Victim 8 (November 2000) – 1 count

19.  Alleged Victim 9 (July 2005 – December 2008) – 1 count

20.  Alleged Victim 10 (September 1997 – July 1999) – 1 count

Criminal Attempt to Commit Indecent Assault

Sandusky is also charged with criminally attempting to commit indecent assault, which is a misdemeanor.  For this charge, the prosecution will have to prove Sandusky had the intent to commit the elements listed above for indecent assault, and took a substantial step toward commissioning that crime.

Applies to:

21.  Alleged Victim 7 (September 1995 – December 1996) – 1 count

Aggravated Indecent Assault

Sandusky is also charged with one felony count of aggravated indecent assault.  For this, the prosecution will have to prove that Sandusky engaged in penetration, however slight, of the genitals or anus of the alleged victim with a part of Sandusky’s body for any purpose other than good faith medical, hygienic or law enforcement procedures.  Additionally, the prosecution will have to prove that the alleged victim was under the age of 13, or that the alleged victim was under the age of 16, Sandusky was four years or more older than him and they were not married.

Applies to:

22.  Alleged Victim 4 (1996 – 2000) – 1 count

Unlawful Contact with Minor

Sandusky is also charged with ten felony counts of unlawful contact with minor.  For these charges, the prosecution must prove that Sandusky was intentionally in contact with a minor (someone under the age of 18) for the purpose of engaging in an activity that is prohibited in Pennsylvania as sexual abuse or a sexual offense, and that Sandusky or the alleged victims were within Pennsylvania.  Under this statute, “contact” means “Direct or indirect contact or communication by any means, method or device, including contact or communication in person or through an agent or agency, through any print medium, the mails, a common carrier or communication common carrier, any electronic communication system and any telecommunications, wire, computer or radio communications device or system.”

Applies to:

23.  Alleged Victim 1 (June 2007 – September 2008 ) – 1 count

24.  Alleged Victim 2 (February 9, 2001) – 1 count

25.  Alleged Victim 3 (July 1999 – December 2001) – 1 count

26.  Alleged Victim 4 (1996 – 2000) – 1 count

27.  Alleged Victim 5 (August 2001) – 1 count

28.  Alleged Victim 6 (May 3, 1998) – 1 count

29.  Alleged Victim 7 (September 1995 – December 1996) – 1 count

30.  Alleged Victim 8 (November 2000) – 1 count

31.  Alleged Victim 9 (July 2005 – December 2008) – 1 count

32.  Alleged Victim 10 (September 1997- July 1999) – 1 count

Corruption of Minors

Sandusky is charged with ten misdemeanor counts of corruption to minors.  For the misdemeanor provision of this statute, the proseuction must prove that Sandusky was over the age of 18, and by an act, corrupted or tended to curroupted the morals of a m inor less than 18 years of age.

Applies to:

33.  Alleged Victim 1 (June 2007 – September 2008) – 1 count

34.  Alleged Victim 2 (February 9, 2001) – 1 count

35.  Alleged Victim 3 (July 1999 – December 2001) – 1 count

36.  Alleged Victim 4 (1996 – 2000) – 1 count

37.  Alleged Victim 5 (August 2001) – 1 count

38.  Alleged Victim 6 (May 3, 1998) – 1 count

39.  Alleged Victim 7 (September 1995 – December 1996) – 1 count

40.  Alleged Victim 8 (November 2000) – 1 count

41.  Alleged Victim 9 – (July 2005 – December 2008) – 1 count

42.  Alleged Victim 10 (September 1997 – July 1999) – 1 count

Endangering Welfare of Children

Finally, Sandusky is charged with ten felony counts of endangering the welfare of children.  To prove these charges, the prosecution must show that Sandusky was supervising the welfare of a child under 18 years of age (meaning that he was a person other than a parent or guardian who provided care, education, training or control of a child) and that he knowingly endangered the welfare of the child by violating a duty of care, protection or support.  Generally, endangering welfare of children is a misdemeanor.  In order to prove that it is a felony in this case, the prosecution must also show that there was a course of conduct of endangering the welfare of a child.

Applies to:

43.  Alleged Victim 1 (June 2007 – September 2008) – 1 count

44.  Alleged Victim 2 (February 9, 2001) – 1 count

45.  Alleged Victim 3 (July 1999 – December 2001) – 1 count

46.  Alleged Victim 4 (1996 – 2000) – 1 count

47.  Alleged Victim 5 (August 2001) – 1 count

48.  Alleged Victim 6 (May 3, 1998) – 1 count

49.  Alleged Victim 7 (September 1995 – December 1996) – 1 count

50.  Alleged Victim 8 (November 2000) – 1 count

51.  Alleged Victim 9 (July 2005 – December 2008) – 1 count

52.  Alleged Victim 10 (September 1997 – July 1999) – 1 count

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