Term
| #1 – Define the term sexual conduct. |
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Definition
| • is defined as vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex and without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another |
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Term
| #2 – Define the term sexual contact. |
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Definition
• is defined as for the purpose of sexually arousing or gratifying either person, any touching of an erogenous zone of another, including without limitation the:
• Thigh
• Genitals
• Buttock
• Pubic region
• If the person is a female, a breast |
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Term
| #3 – Define the term sexual activity. |
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Definition
| • Sexual conduct, sexual contact, or both |
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Term
| #4 – Define the term spouse. |
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Definition
| • A person married to an offender at the time of an alleged offense |
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Term
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Definition
• Division A1
o Engage in sexual conduct…
o With another who is…
Not the spouse of the offender OR
Who is the spouse of the offender but living separate and apart from the offender WHEN
• For purpose of preventing resistance, offender substantially impairs the victim’s judgment or control by administering any drug, intoxicant, or controlled substance to the other person…
o Surreptitiously OR
o By force OR
o Threat of force OR
o Deception
• The other person is less that 13 years of age, regardless if the offender knows the age or not OR
• The other person’s ability to resist or consent is substantially impaired and the offender knows or has reasonable cuase to believe the other’s ability to consent is impaired due to…
o Mental condition
o Physical condition
o Advanced age
• Division A2
o Engage in sexual conduct…
o With another…
o By purposely compelling submission…
o By force or threat of force
(F-1) |
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Term
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Definition
• Engage in sexual conduct
• With another person not the spouse of the offender WHEN
o Offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution OR
o Offender knows that the other person’s ability to appraise the nature of or control the other person’s conduct is substantially impaired OR
o Offender knows the other person submits because the other person is unaware the act is being committed OR
o Offender knows the other oerson submits because the other person mistakenly identifies the offender as his or her spouse OR
o Offender is other person’s natural or adoptive parent, step-parent, guardian, custodian, or person in loco parentis OR
o Other person is in custody of law or is a patient in a hospital or other institution AND offender has supervisory or disciplinary authority over the person OR
o The offender is a teacher, admin, coach person of authority etc
o The other person is a minor enrolled or attends any institution of higher education and the offender has authority
o The other person is a minor and the offender is the other person’s coach, instructor, leader etc
o The offender is a mental health professional AND
The victim is a client or patient AND
The offender induces the victim to submit by falsely representing that the sexual conduct is necessary for treatment OR
o The other person is confined in a detention facility, and the offender is an employee of the detention facility
o The offender is a cleric and the other person is a minor
o The other person is a minor, the offender is a peace officer, and the officer is more than two years older than the minor
(F-3 to F-2) |
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Term
| Unlawful Sexual Conduct With a Minor |
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Definition
• A person, 18 years old or older…
• Engage in sexual conduct…
• With another person who is not the person’s spouse WHEN
o Offender knows the other person is 13 years of age or older, but less than 16 years of age OR
o Offender is reckless in this regard
(M-1 to F-2) |
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Term
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Definition
• Have sexual contact with another who is not the spouse of the offender OR
• Cause another, not the spouse of the offender, to have sexual contact with the offender OR
• Cause two or more other persons to have sexual contact WHEN
o Offender purposely compels the other person, or one of the other persons, to submit by force or threat of force OR
o For purpose of preventing resistance, offender substantially impairs the other person or one of the other person’s judgement or control by administering any drug, intoxicant, or controlled substance…
Surreptitiously OR
By force OR
Threat of force OR
Deception
o Offender knows that the other person’s or one of the other person’s judgment or control is substantially impaired by any drug or intoxicant
o The other person, or one of the other persons, is less than 13 years old regardless whether the offender knows the persons age
o Ability of other person or one of the other person’s ability to resist or consent is substantially impaired do to mental, physical, or advanced age
• Division B
o Knowingly…
o Touch the genitalia of a person under 12( whether or not the offender knows the age)
o When the touching is not through the clothing AND
o Is done with intent to abuse, humiliate, harass, degrade, or arouse, or gratify the sexual desires of any person
(F-4 to F-3) |
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Term
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Definition
• Have sexual contact with another who is not the spouse of the offender OR
• Cause another, not the spouse of the offender, to have sexual contact with the offender OR
• Cause two or more other persons to have sexual contact WHEN
o Offender knows the sexual contact is offensive to the other person or one of the other persons OR is reckless in that regard OR
o Offender knows the other person’s, or one of the other person’s ability to appraise the nature of or control the offender’s or touching person’s conduct is substantially impaired OR
o Offender knows the other person, or one of the other persons, submits because of being unaware of the sexual contact OR
o The other person, or one of the other persons, is 13 years of age or older but less than 16 years of age wheather or not the offender knows the age AND
Offender is at least 18 years old AND four or more years older than the other person OR
The offender is a mental health professional And
• The victim is a client or patient AND
• The offender induces the victim to submit by falsely representing that the sexual conduct is necessary for treatment OR
(M3 to M1) |
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Term
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Definition
• Division A
o Solicit a person under age 13…
o To engage in sexual activity with offender…
o Whether or not offender knows age of such person
• Division B
o Solicit another, not the spouse of the offender…
To engage in sexual conduct with the offender WHEN
The offender is 18 years old or older AND
Four or more years older than the other person AND
The other person is 13 years of age or older but less than 16…
Where or not the offender knows the age of the other person
o Solicit another, not the spouse of the offender…
To engage in sexual conduct with the offender WHEN
The offender is 18 or older AND
Four or more years older than the other person AND
The other person is 16 or 17 AND
A victim of trafficking AND
The offender knows or has reckless disregard of the age of the other person
• Division C
o Solicit another by means of a telecommunications device…
o To engage in sexual activity with the offender WHEN
o Offender is 18 or older AND
The other person is less than 13 and the offender knows the age or is reckless in that regard
The other person is a LEO posing as someone under 13
• Division D
o Solicit another by means of a telecommunications device…
o To engage in sexual activity with the offender WHEN
o Offender is 18 or older AND
The victim is 13 or older but less than 16 and the offender knows or is reckless to find out AND the offender is more than 4 years older
The other person is a LEO with posing in the same age group
(F5 to F2) |
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Term
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Definition
• Division A
o Commit trespass or otherwise surreptitiously invade the privacy of another…
o To spy or eavesdrop upon another…
o For purpose of sexually arousing or gratifying the person’s self
• Division B
o Commit trespass or otherwise surreptitiously invade the privacy of another…
o To videotape, film, photograph, or otherwise record…
o The other person in a state of nudity…
o For the purpose of sexually arousing or gratifying the person’s self
• Division C
o Commit trespass or otherwise surreptitiously invade the privacy of another…
o To videotape, film, photograph, or otherwise record, or spy or eavesdrop upon…
o The other person in a state of nudity IF
For the purpose of sexually arousing or gratifying the person’s self
And the person is a minor
• Division D
o Secretly or surreptitiously…
o videotape, film, photograph, or otherwise record…
o Under or through clothing being worn by that person…
o For the purpose to viewing the body of, or the undergarments worn by, that other person
(M1 to F5) |
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Term
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Definition
• Division A
o Recklessly…
o Under circumstances where the offenders conduct is likely to offend non-family members…
o Expose one’s private parts OR
o Engage in sexual conduct or masturbation OR
o Engage in conduct which to an ordinary observer would appear to be sexual conduct or masturbation
• Division B
o Knowingly…
o Under circumstances where the offenders conduct is likely to offend non-family members who are a minor…
o Expose one’s private parts OR
o Engage in sexual conduct or masturbation OR
o Engage in conduct which to an ordinary observer would appear to be sexual conduct or masturbation
o Expose the person’s private parts with the purpose of…
Sexual arousal
Gratification
To lure the minor into sexual activity
(M to F5) |
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