Part 5 Sexual Offenses

Question 1

Define compulsion

Answer 1

Compulsion:
• Absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property damage, or financial loss.

Question 2

Define strong compulsion

Answer 2

Strong Compulsion:
• Use or attempt to use on or more of the following to overcome a person:
o A threat, express or implied, that places person in fear of BI to individual or another, or in fear that the person or another will be kidnapped.
o A dangerous instrument, or
o Physical force

Question 3

Define mentally defective

Answer 3

Mentally defective (retardation or other):
• Person suffering from a disease, disorder, or defect which renders the person incapable understanding the person conduct.

Question 4

Define mentally incapacitated

Answer 4

Mentally incapacitated (drugged):
• Person rendered temporarily incapable of appraising or controlling the person’s conduct as a result of the influence of a substance administered to the person w/o the person’s consent.

Question 5

Define physically helpless

Answer 5

Physically helpless:

• Person who is unconscious or physically unable to communicate unwillingness of an act.

Question 6

Define married

Answer 6

Married:
• Person legally married, and male and female living together as husband and wife regardless of legal status but does not include spouses living apart.

Question 7

Define sexual penetration

Answer 7

Sexual penetration:
• Vaginal and anal intercourse, fellatio(oral), deviate sexual intercourse, or any intrusion of any part of a person’s body or of any object into the genital or anal opening of another person’s body; it occurs upon any penetration, however slight but emission is not required. Genital opening includes the anterior surface of the vulva or labia majora (vagina lips).
• Cunnilingus (mouth/tongue to vagina) or anilingus (mouth/tongue to butthole), whether or not penetration has occurred.

Question 8

Define sexual contact

Answer 8

Sexual contact:
• Any touching, other than acts of “sexual penetration”, whether directly or through the clothing or other material intended to cover the sexual or other intimate parts.

Question 9

Define Sex Assault 1st

Answer 9

The person Knowingly:
• Subjects another person to an act of Sexual Penetration by strong compulsion
• Engages in sexual penetration w/ another person who is <14 years old.
• Engages in sexual penetration w/ a person who is at least 14 years but < 16 years provided that:
o The person is not < 5 years older.
o The person is not legally married.
• Subjects to sexual penetration another person who is mentally defective; or
• Subjects to sexual penetration another person who is mentally incapacitated or physically helpless as result of influence of a substance that the actor (K) caused to be administered w/o the other persons consent.

Question 10

What is the classification for sex assault 1st

Answer 10

Class A felony

707-730

Question 11

Define Sex Assault 2nd

Answer 11

The person knowingly
• Subjects another person to an act of sexual penetration by compulsion
• Subjects to sexual penetration another person who is mentally incapacitated or physically helpless
• The person while employed:
o In a state correctional facility
o Private company providing services at a correctional facility
o Private company providing community-based residential services.
o Private correctional facility operating in the state
o As Law enforcement officer
o Subjects to sexual penetration to any persons that are imprisoned, confined to detention facility, committed to the director of public safety, residing in a private correctional facility operating in the state, or in custody.
• Sexual penetration of a minor who is at least 16 years and the person is contemporaneously acting in professional capacity to instruct, advise, or supervise the minor; provided that:
o Not < 5 years older than minor
o Not legally married to minor

Question 12

What is the classification for sex assault 2nd

Answer 12

Class B felony

707-731

Question 13

What is the classification for sex Assault 3rd

Answer 13

Class C felony

707-732

Question 14

Define Sex Assault 4th

Answer 14

The person Knowingly…
• Subjects another person to Sexual contact by compulsion or causes another to have sexual contact with the actor by compulsion and the person is not married to the actor.
• Exposes the person’s genitals to another person under circumstances in which the actor’s conduct is likely to alarm the other person or in fear of Bodily Injury.
• Trespasses on property to subject another person to surreptitious surveillance for the sexual gratification of the actor.
• Engages in or causes sexual contact with a minor at least 16 years and the person is contemporaneously acting in professional capacity to instruct, advise, or supervise provided that:
o Not < 5 years older
o Not legally married

Question 15

What is the classification for Sex Assault 4th

Answer 15

Misdemeanor

707-733

Question 16

Define Continuous Sex Assault of a minor under the age of 14

Answer 16

Continuous Sexual Assault of a Minor Under 14 (0-13 years old)
• Resides with or has recurring access to the minor (AND)
• Engages in 3 (or more) of sexual penetration (or) sexual contact (over time while the minor is under 14)

Question 17

What is the classification for continuous Sex Assault of a minor under 14

Answer 17

Class A Felony

707-733.6

Question 18

Define indecent exposure

Answer 18

Indecent Exposure
(Intentionally) Exposes their genitals to someone (and)
is likely to cause affront or be unwelcome (not applicable if married)

Question 19

What is the classification for Indecent Exposure

Answer 19

Petty misdemeanor

707-734

Question 20

Define Incest

Answer 20

Incest
Commits act of sexual penetration w/ a person they are prohibited from marrying because of how closely they are related (IMMEDIATE FAMILY)

Question 21

What is the classification for incest

Answer 21

Class C felony

707-741

Question 22

Define sex assault 3rd

Answer 22

(R)
• Subjects another person to an act of Sexual Penetration by compulsion
(OR)
(K)
• Subjects another to sexual contact of another person who is < 14 years or causes such a person to have sexual contact with the person.
(OR)
• (F/F/F) Engages in sexual contact with a person who is at least 14 to 15 years or causes the minor to have sexual contact with the person; provided that:
o Not < 5 years older
o Not legally married
• Subjects to sexual contact another person who is mentally defective, mentally incapacitated, or physically helpless or causes such a person to have sexual contact with the actor.
(OR)
• The person while employed (of the state):
o In a state correctional facility
o Private company providing services at a correctional facility
o Private company providing community-based residential services.
o Private correctional facility operating in the state
o As Law enforcement officer
o Subjects to sexual contact to any persons that are imprisoned, confined to detention facility, committed to the director of public safety, residing in a private correctional facility operating in the state, or in custody.
(OR)
• By strong compulsion, has sexual contact with another or causes another to have sexual contact with the actor.