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22-3002. First degree sexual abuse.

(a) A person shall be imprisoned for any term of years or for life, and in addition, may be fined in an amount not to exceed $250,000, if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:
(1) By using force against that other person;
(2) By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;
(3) After rendering that other person unconscious; or
(4) After administering to that other person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.
(b) 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.

22-3003. Second degree sexual abuse.

A person shall be imprisoned for not more than 20 years and may be fined in an amount not to exceed $200,000, if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:
(1) By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or
(2) Where the person knows or has reason to know that the other person is:
(A) Incapable of appraising the nature of the conduct;
(B) Incapable of declining participation in that sexual act; or
(C) Incapable of communicating unwillingness to engage in that sexual act.

22-3004. Third degree sexual abuse.

A person shall be imprisoned for not more than 10 years and may be fined in an amount not to exceed $100,000, if that person engages in or causes sexual contact with or by another person in the following manner:
(1) By using force against that other person;
(2) By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;
(3) After rendering that person unconscious; or
(4) After administering to that person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.

22-3005. Fourth degree sexual abuse.

A person shall be imprisoned for not more than 5 years and, in addition, may be fined in an amount not to exceed $50,000, if that person engages in or causes sexual contact with or by another person in the following manner:
(1) By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or
(2) Where the person knows or has reason to know that the other person is:
(A) Incapable of appraising the nature of the conduct;
(B) Incapable of declining participation in that sexual contact; or
(C) Incapable of communicating unwillingness to engage in that sexual contact.

22-3006. Misdemeanor sexual abuse.

Whoever engages in a sexual act or sexual contact with another person and who should have knowledge or reason to know that the act was committed without that other person's permission, shall be imprisoned for not more than 180 days and, in addition, may be fined in an amount not to exceed $1,000.

22-3007. Defense to sexual abuse.

Consent by the victim is a defense, which the defendant must establish by a preponderance of the evidence, to a prosecution under 22-3002 to 22-3006, prosecuted alone or in conjunction with charges under 22-3018 or 22-401 and 22-403.

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Last updated 12.7.2014