Sex Offenses Flashcards
Sexual Conduct
means sexual intercourse, oral sexual conduct, anal sexual conduct,
aggravated sexual contact, or sexual contact.
Sexual Intercourse
means any penetration, no matter how slight, of the penis into the vagina.
Oral Sexual Conduct
means conduct between persons consisting of contact between the:
- Mouth and penis;
- Mouth and anus;
- Mouth and vulva or vagina.
Anal Sexual Conduct
means conduct between persons consisting of contact between the penis and anus.
Sexual Contact
Means any touching of the sexual or other intimate parts (e.g., inner thighs, buttocks, genitalia, breasts) of a person for the purpose of gratifying sexual desire of either party.
Mentally Disabled
mental disease or defect which makes that person unable to understand
Mentally Incapacitated
Temporarily unable to understand or control his or her actions due to the effects of a drug or alcoholic substance given to that person without his or her consent
Physically Helpless
unconscious, unwillingness
Forcible Compulsion
physical force which is capable of overpowering the victim, places a person in fear of instant death or physical injury, or being kidnapped
Under Age
who is less than 17-years-old
Office of Children and Family Services
A person is also deemed incapable of consent if he or she is committed to the care of the Office of Children and Family Services
Health/Mental Health Care Provider
when he or she is a patient of a health care/mental health care provider and the offense takes place during treatment or examination
Correctional Facility
Inmates cannot give consent
Vulnerable Person
is a resident and in-patient of residential facilities operated, licensed or certified by the State Office of Mental Health, State Office for People with Developmental Disabilities, or State Office of Alcoholism and Substance Abuse Services,
Rape
sexual intercourse with another person who has not given consent.
- Forcible compulsion
- lack of consent
- mentally disabled
- mentally incapacitated
Rape - Age Chart
A person, 21 years old or over, who engages in sexual intercourse with another person who is less than seventeen (16 years old or less);
A person, 18 years old or over (18, 19, or 20 years old), who engages in sexual intercourse with another person who is less than fifteen (14 years old or less);
- A person, over 18 years of age, who engages in sexual intercourse with another person less than thirteen (12 years old or less);
A person, 16 or 17 years of age, who engages in sexual intercourse with another person who is less than eleven (10 years old or less); or
Sexual Misconduct – Misdemeanor
- Sexual intercourse with another person who is
incapable of consent because of his or her age
-oral sexual conduct or anal sexual conduct incapable of consent because of his/her age - engages in sexual conduct with an animal or a dead human
body.
Sexual Abuse – Misdemeanor
- sexual contact and the victim is less than 17 years old (16, 15, 14, 13, 12, or 11 years old)
- Sexual contact and the victim is incapable of consent
Sexual Abuse – Felony
- Forcible compulsion
- sexual contact and the victim is physically helpless
- sexual contact and the victim is less than 11 years old
- victim is less than 13 years old (12 years old or less) and the actor is 21 years old or older.
Aggravated Sexual Abuse – Felony
when he or she inserts:
- A foreign object
- A finger into the vagina, urethra, penis or rectum
Forcible Touching – Misdemeanor
Purpose, squeezes, grabs or pinches the sexual or other intimate parts of another person for the purpose
Facilitating a Sex Offense with a Controlled Substance – Felony
administers the substance to a victim without his or her consent and with the intent to commit a felony
Sexually Motivated Felony – Felony
‘GRATIFICATION’
Gang Assault (2nd/1st degree)
Robbery (3rd/2nd/1st degree)
Assault (2nd/1st degree)
Stalking (1st degree)
Manslaughter (2nd/1st degree)
Murder (2nd/1st degree)
Aggravated Murder
Kidnapping (2nd/1st degree)
Burglary (3rd/2nd/1st degree)
Arson (2nd/1st degree)
Promoting Prostitution (2nd/1st degree)
Compelling Prostitution
Disseminating Indecent Material to Minors (1st degree)
Use of a Child in a Sexual Performance
Promoting an Obscene Sexual Performance by a Child
Promoting a Sexual Performance by a Child
Any felony attempt or conspiracy to commit the above offenses