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22-3001. Definitions.

For the purposes of this chapter:
(1) "Actor" means a person accused of any offense proscribed under this chapter.
(2) "Bodily injury" means injury involving loss or impairment of the function of a bodily member, organ, or mental faculty, or physical disfigurement, disease, sickness, or injury involving significant pain.
(3) "Child" means a person who has not yet attained the age of 16 years.
(4) "Consent" means words or overt actions indicating a freely given agreement to the sexual act or contact in question. Lack of verbal or physical resistance or submission by the victim, resulting from the use of force, threats, or coercion by the defendant shall not constitute consent.
(5) "Force" means the use or threatened use of a weapon; the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or the use of a threat of harm sufficient to coerce or compel submission by the victim.
(6) "Official custody" means:
(A) Detention following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following or pending civil commitment proceedings, or pending extradition, deportation, or exclusion;
(B) Custody for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation; or
(C) Probation or parole.
(7) "Serious bodily injury" means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(8) "Sexual act" means:
(A) The penetration, however slight, of the anus or vulva of another by a penis;
(B) Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or
(C) The penetration, however slight, of the anus or vulva by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(D) The emission of semen is not required for the purposes of subparagraphs (A)-(C) of this paragraph.
(9) "Sexual contact" means the touching with any clothed or unclothed body part or any object, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(10) "Significant relationship" includes:
(A) A parent, sibling, aunt, uncle, or grandparent, whether related by blood, marriage, or adoption;
(B) A legal or de facto guardian or any person, more than 4 years older than the victim, who resides intermittently or permanently in the same dwelling as the victim;
(C) The person or the spouse or paramour of the person who is charged with any duty or responsibility for the health, welfare, or supervision of the victim at the time of the act; and
(D) A teacher, scout master, coach, recreation center leader, or others in similar positions.
(11) "Victim" means a person who is alleged to have been subject to any offense set forth in subchapter II of this chapter.

22-3008. First degree child sexual abuse.

Whoever, being at least 4 years older than a child, engages in a sexual act with that child or causes that child to engage in a sexual act shall be imprisoned for any term of years or for life and, in addition, may be fined an amount not to exceed $250,000. However, the court may impose a prison sentence in excess of 30 years only in accordance with 22-3020 or 24-403.01(b-2). For purposes of imprisonment following revocation of release authorized by 24-403.01(b)(7), the offense defined by this section is a Class A felony.

22-3009. Second degree child sexual abuse.

Whoever, being at least 4 years older than a child, engages in sexual contact with that child or causes that child to engage in sexual contact shall be imprisoned for not more than 10 years and, in addition, may be fined in an amount not to exceed $100,000.

22-3010. Enticing a child.

Whoever, being at least 4 years older than a child, takes that child to any place, or entices, allures, or persuades a child to go to any place for the purpose of committing any offense set forth in 22-3002 to 22-3006 and 22- 3008 and 22-3009 shall be imprisoned for not more than 5 years and, in addition, may be fined in an amount not to exceed $50,000.

22-3011. Defenses to child sexual abuse.

(a) Neither mistake of age nor consent is a defense to a prosecution under 22-3008 to 22-3010, prosecuted alone or in conjunction with charges under 22- 3018 or 22-403.
(b) Marriage between the defendant and the child at the time of the offense is a defense, which the defendant must establish by a preponderance of the evidence, to a prosecution under 22-3008 to 22-3010, prosecuted alone or in conjunction with charges under 22-3018 or 22-403, involving only the defendant and the child.

22-3012. State of mind proof requirement.

In a prosecution under 22-3008 to 22-3010, prosecuted alone or in conjunction with charges under 22-3018 or 22-403, the government need not prove that the defendant knew the child's age or the age difference between himself or herself and the child.



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Last updated 12.7.2014