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20 Cards in this Set

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Sexual misconduct.
1. He or she engages in sexual intercourse with another person without such person's consent; or

2. He or she engages in oral sexual intercourse with another person without such person's consent; or

3. He or she engages in sexual conduct with an animal or a dead human body.

Sexual misconduct is a class A misdemeanor.
Rape in the third degree.
1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being 16 years old or less;

2. 21 years old or more, he or she engages in sexual intercourse with another person 15 or 16 years old; or

3. Where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the third degree is a class E felony.
Rape in the second degree.
A person is guilty of rape in the second degree when:

1. 18 years old or more, engages in sexual intercourse with another person 13 or 14 years old; or

2. Mentally disabled or mentally incapacitated.

Rape in the second degree is a class D felony.
Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:

1. By forcible compulsion; or

2. Physically helpless; or

3. Who is 10 or less years old; or

4. Who is 11 or 12 years old and the actor is 18 years old or more.

Rape in the first degree is a class B felony.
Criminal sexual act in the third degree.
A person is guilty of criminal sexual act in the third degree when:

1. He or she engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being 16 years old or less;

2. Being twenty-one years old or more, he or she engages in oral sexual conduct or anal sexual conduct with a person 15 or 16 years old; or

3. Where such lack of consent is by reason of some factor other than incapacity of consent.

Criminal sexual act in the third degree is a class E felony.
Criminal sexual act in the second degree.
A person is guilty of criminal sexual act in the second degree when:

1. 18 years or older engages in oral sexual conduct or anal sexual conduct with another person 13 or 14 years old; or

2. Mentally disabled or mentally incapacitated.

Criminal sexual act in the second degree is a class D felony.
Criminal sexual act in the first degree.
A person is guilty of criminal sexual act in the first degree when he engages in oral sexual conduct or anal sexual conduct with another person:

1. By forcible compulsion; or

2. Physically helpless; or

3. Who is 10 years old or less; or

4. Who is less 11 or 12 years old and the actor is 18 years old or more.

Criminal sexual act in the first degree is a class B felony.
Forcible touching
A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor`s sexual desire.

For the purposes of this section, forcible touching includes the squeezing, grabbing or pinching.

Forcible touching is a class a misdemeanor.
Persistent sexual abuse
Convicted of Sexual Abuse 2nd or 3rd and:

1. W/in previous 10 years been convicted of Sexual Abuse 2nd or 3rd in separate criminal transactions and were imposed on separate occasions.
Sexual abuse in the third degree
A person is guilty of sexual abuse in the third degree:

1. Sexual contact without the latter's consent;

2. lack of consent was due solely to incapacity to consent by reason of being l6 years old or less but person was at least 14 and defendent was 4 years older or less.

Sexual abuse in the third degree is a class B misdemeanor.
Sexual abuse in the second degree
A person is guilty of sexual abuse in the second degree:

1. Incapable of consent by reason of some factor other than being 16 years old or less; or

2. Other person is 11, 12, 13 years old (no age req.)

Sexual abuse in the second degree is a class A misdemeanor.
Sexual abuse in the first degree
A person is guilty of sexual abuse in the first degree:

1. By forcible compulsion; or

2. Physically helpless; or

3. When the other person is 10 years old or less.

Sexual abuse in the first degree is a class D felony.
Aggravated sexual abuse in the fourth degree
1. A person is guilty of aggravated sexual abuse in the fourth degree when:

(a) He or she inserts a foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being 16 years old or less or,

(b) He or she inserts a finger in the vagina, urethra, penis or rectum of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being 16 years old or less.

2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated sexual abuse in the fourth degree is a class E felony.
Aggravated sexual abuse in the third degree
1. A person is guilty of aggravated sexual abuse in the third degree when he inserts a foreign object in the vagina, urethra, penis or rectum of another person:

(a) By forcible compulsion; or

(b) Physically helpless; or

(c) When the other person is 10 years old or less.

2. A person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.

3. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated sexual abuse in the third degree is a class D felony.
Aggravated sexual abuse in the second degree
1. A person is guilty of aggravated sexual abuse in the second degree when he inserts a finger in the vagina, urethra, penis, or rectum of another person causing physical injury to such person:

(a) By forcible compulsion; or

(b) Physically helpless; or

(c) When the other person is 10 years old or less.

2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated sexual abuse in the second degree is a class C felony.
Aggravated sexual abuse in the first degree
1. A person is guilty of aggravated sexual abuse in the first degree when he inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person:

(a) By forcible compulsion; or

(b) Physically helpless; or

(c) When the other person is 10 years old or less.

2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated sexual abuse in the first degree is a class B felony.
Course of sexual conduct against a child in the first degree
1. A person is guilty of course of sexual conduct against a child in the first degree when, over a period of time not less than three months in duration:

(a) he or she engages in two or more acts of sexual conduct, which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact, with a child 10 years old or less; or

(b) he or she, being 18 years old or more, engages in two or more acts of sexual intercourse, which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact, with a child 12 years old or less,

2. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.

Course of sexual conduct against a child in the first degree is a class B felony.
Course of sexual conduct against a child in the second degree
1. A person is guilty of course of sexual conduct against a child in the second degree when, over a period of time not less than three months in duration:

(a) he or she engages in two or more acts of sexual conduct with a child 10 years old or less: or

(b) he or she , being 18 years old or more, engages in two or more acts of sexual conduct with a child 12 years old or less

2. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.

Course of sexual conduct against a child in the second degree is a class D felony.
Female genital mutilation
1. A person is guilty of female genital mutilation when:

(a) a person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not reached eighteen years of age; or

(b) being a parent, guardian or other person legally responsible and charged with the care or custody of a child less than eighteen years old, he or she knowingly consents to the circumcision, excision or infibulation of whole or part of such child's labia majora or labia minora or clitoris.

2. Such circumcision, excision, or infibulation is not a violation of this section if such act is:

(a) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner; or

(b) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.

3. For the purposes of paragraph (a) of subdivision two of this section, no account shall be taken of the effect on the person on whom such procedure is to be performed of any belief on the part of that or any other person that such procedure is required as a matter of custom or ritual.

Female genital mutilation is a class E felony.
Facilitating a sex offense with a controlled substance
A person is guilty of facilitating a sex offense with a controlled substance when he or she:

1. knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person`s consent and with intent to commit against such person conduct constituting a felony defined in this article; and

2. commits or attempts to commit such conduct constituting a felony defined in this article.

Facilitating a sex offense with a controlled substance is a class D felony.