§ 130.00 Sex offenses; definitions of terms. The following definitions are applicable to this article: 1. “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight. 2. (a) “Oral sexual conduct” means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth […]
§ 130.05 Sex offenses; lack of consent. 1. Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim. 2. Lack of consent results from: (a) Forcible compulsion; or (b) Incapacity to consent; or (c) Where the offense charged […]
§ 130.10 Sex offenses; limitation; defenses. 1. In any prosecution under this article in which the victim’s lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or […]
§ 130.16 Sex offenses; corroboration. A person shall not be convicted of any offense defined in this article of which lack of consent is an element but results solely from incapacity to consent because of the victim’s mental defect, or mental incapacity, or an attempt to commit the same, solely on the testimony of the […]
§ 130.20 Sexual misconduct. A person is guilty of sexual misconduct when: 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 conduct or anal sexual conduct with another person without such person’s consent; or 3. He or she engages in […]
§ 130.25 Rape in the third degree. A person is guilty of rape in the third degree when: 1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; 2. Being twenty-one years old or more, he […]
§ 130.30 Rape in the second degree. A person is guilty of rape in the second degree when: 1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or 2. he or she engages in sexual intercourse with another person who is incapable […]
§ 130.35 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. Who is incapable of consent by reason of being physically helpless; or 3. Who is less than eleven years old; or […]
§ 130.40 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 less than seventeen years […]
§ 130.45 Criminal sexual act in the second degree. A person is guilty of criminal sexual act in the second degree when: 1. being eighteen years old or more, he or she engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old; or 2. he or she engages […]
§ 130.50 Criminal sexual act in the first degree. A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically helpless; or […]
§ 130.52 Forcible touching. A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose: 1. 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; or 2. subjects another […]
§ 130.53 Persistent sexual abuse. A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in […]
§ 130.55 Sexual abuse in the third degree. A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter’s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person’s lack of consent was […]
§ 130.60 Sexual abuse in the second degree. A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is: 1. Incapable of consent by reason of some factor other than being less than seventeen years old; or 2. Less […]
§ 130.65 Sexual abuse in the first degree. A person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact: 1. By forcible compulsion; or 2. When the other person is incapable of consent by reason of being physically helpless; or 3. When the other person […]
§ 130.65-a 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, rectum or anus of another person and the other person is incapable of consent by reason of some factor […]
§ 130.66 Aggravated sexual abuse in the third degree. 1. A person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object or a finger in the vagina, urethra, penis, rectum or anus of another person: (a) By forcible compulsion; or (b) When the other person is […]
§ 130.67 Aggravated sexual abuse in the second degree. 1. A person is guilty of aggravated sexual abuse in the second degree when he or she inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person: (a) By forcible compulsion; or (b) When the other […]
§ 130.70 Aggravated sexual abuse in the first degree. 1. A person is guilty of aggravated sexual abuse in the first degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person: (a) By forcible compulsion; or (b) When the […]
