Crimes Against Persons II

Question 1

What is considered unlawful sexual activity with a minor (76-5-401)?

Answer 1

• A minor is 14-15 years old at the time of sexual encounter
• Actor (perpetrator) is 18 y/o or older, AND
• has intercourse, engages in sodomy, or penetrates with anything other than a penis with intent to arouse, self-gratify, or harm
• (does NOT amount to rape, object rape, forcible sodomy, or aggravated assault)

*3rd Degree Felony unless defendant is less than 4 years older at the time of incident, then Class B Misdemeanor

Question 2

What is considered sexual abuse of a minor (76-5-401)?

Answer 2

• minor is 14-15 y/o
• actor (perpetrator) is 7+ years older
• same as unlawful sexual activity with a minor, BUT they also touch the anus, buttocks, any part of genitals, or breasts (of female), or take indecent liberties with minor

*Class A Misdemeanor

Question 3

What constitutes unlawful sexual conduct with a 16 or 17 year old (76-5-401.2)?

Answer 3

• minor is 16-17y/o
• actor (perpetrator) engages in sexual conduct with the minor.
• actor is 7-9 years older, and knew it reasonably should have known age of minor OR
• actor is 10+ years older than minor at time of sexual conduct.
• if intercourse, sodomy, or penetration has happened—> 3rd Degree Felony
• if only touch has happened—> Class A Misdemeanor

Question 4

Define sexual conduct:

Answer 4

• intercourse
• sodomy
• penetration of anus or vagina (no matter how slight) with anything besides the penis
• touching (skin to skin) of anus, buttocks, pubic area, any part of minor’s genitals, or breast of female

With the intent to arouse, self-gratify, or harm

Question 5

What classification of crime is rape and rape of a child?

Answer 5

1st degree felonies

Question 6

What age group is considered a “child” in charges of rape of a child?

Answer 6

• child is 13y/o or younger

Question 7

What is object rape?

Answer 7

• victim is 14y/o or older
• causes penetration of genital or anal opening of victim with anything other than actor’s genitals or mouth
• 1st degree felony

Question 8

What is the difference between object rape, and object rape of a child?

Answer 8

• child is 13 or younger
• penetrates or touches (however slight) genital or anal opening with any object
• does not include penetration or touch with parts of human body
• both are 1st degree felonies

Question 9

What level of crime is forcible sodomy?

Answer 9

1st degree felony

• 14+ y/o only

Question 10

How do sodomy on a child and forcible sodomy differ?

Answer 10

• child is 13 or younger vs. 14+
• forcible sodomy only involves genitals of one individual and the mouth or anus of the other individual while;
• sodomy on a child involves genitals OR anus of the actor OR child AND the mouth or anus of either person.
• both are 1st degree felonies