§ 11-37-2. First degree sexual assault.
A person is guilty of first degree sexual assault if he or she engages in sexual penetration with another person, and if any of the following circumstances exist:
(1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless.
(2) The accused uses force or coercion.
(3) The accused, through concealment or by the element of surprise, is able to overcome the victim.
(4) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.
History of Section.
P.L. 1979, ch. 302, § 2; P.L. 1980, ch. 273, § 1; P.L. 1981, ch. 119, § 1; P.L. 1984, ch. 59, § 1; P.L. 1984, ch. 355, § 1; P.L. 1986, ch. 191, § 1; P.L. 1987, ch. 238, § 1; P.L. 2021, ch. 75, § 1, effective June 23, 2021; P.L. 2021, ch. 76, § 1, effective June 23, 2021.
Sexual assault of any type is a serious offense. While many people understand the basic concepts of what constitutes sexual assault, the law differentiates between various degrees of the crime in order to more effectively prosecute offenders. In total, there are four degrees of sexual assault in California.
First degree sexual assault is the most severe type of offense, while fourth degree is the least. In some cases fourth degree sexual assault may be charged as sexual battery, and it’s up to the prosecutor to make that decision.
First Degree Sexual Assault
First degree sexual assault (sometimes referred to as aggravated sexual assault) is the most severe degree of the crime.
To be convicted of first degree sexual assault, the prosecution must prove that:
- Sexual penetration occurred
- One of the following situations:
- The victim was under the age of 13
- The victim ranges in age from 13-18, and one of the following:
- A member of the same household as the perpetrator
- A relative of the perpetrator
- The perpetrator was in a position of authority over the victim
- The perpetrator was aided by another person or assailant, and one of the following:
- The victim was incapacitated
- The perpetrator used some form of force or coercion to assault the victim
- The perpetrator was armed with a weapon
- The victim was injured
- The assault occurred while another crime was being committed by the perpetrator
Punishments for first degree sexual assault, while ultimately up to the judge, can result in a life sentence to prison.
Second Degree Sexual Assault
Second degree sexual assault differs slightly from first degree in that it doesn’t include sexual penetration. However, from a legal standpoint, it is considered equally as damaging as first degree assault due to the violent nature of the crime and/or the victim’s inability to consent.
To be convicted of second degree sexual assault, the prosecution must prove that:
- Sexual contact occurred
- Any of the situations listed in the requirements for first degree sexual assault (other than sexual penetration) occurred.
Convictions for second degree sexual assault typically do not result in life imprisonment, but sentences of up to fifteen years are common.
Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
Victim of sexual assault means an individual against whom a sexual offense has been committed as described in ORS 163.467 or 163.525; or any other individual designated as a victim of sexual assault by rule adopted under ORS 659A.805.
Sexual abuse means actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.
Sexual orientation means actual or perceived heterosexuality, homosexuality or bisexuality.
aerodrome means a defined area (including any buildings, installations and equipment) on land or water or on a fixed, fixed off-shore or floating structure intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;
Sexually violent offense means an offense for which a conviction has been entered for any of the following indictable offenses:
Sexual penetration means vaginal intercourse, cunnilingus, fellatio, or anal intercourse between persons or insertion of the hand, finger, or object into the anus or vagina either by the actor or upon the actor’s instruction. The depth of insertion shall not be relevant to the question of commission of the crime;
Sexually violent predator means a person who:
Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
Family violence means conduct, whether actual or threatened, by a person towards, or towards the property of, a member of the person’s family that causes that or any other member of the person’s family to fear for, or to be apprehensive about, his or her personal well-being or safety;
Commercial sexual activity means any sex act on account of which anything of value is given to, promised to, or received by any person.
Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
Sexual violence means any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation. 2016, c. 2, Sched. 6, s. 1.
Assault means “assault” as defined in Iowa Code section 708.1.
Criminal sexual activity means the commission of an act as defined in Section 886 of Title 21 of the Oklahoma Statutes, which is the act of sodomy; and
Auricular acupuncture means the subcutaneous insertion of sterile, disposable acupuncture needles
Sexual battery means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.
Serious assault means an act that constitutes a felony violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that constitutes an assault and infliction of serious or aggravated injury under section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a.
Felonious Assault means a violent or criminal act reported to the local authorities which was directed at you during the course of, or an attempt of, a physical assault resulting in serious injury, kidnapping, or rape.
New employee orientation means the onboarding process of a newly hired public employee, whether in person, online, or through other means or mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matters.
Electric personal assistive mobility device means a self-balancing two-nontandem-wheeled device
Violent juvenile felony means any of the delinquent acts enumerated in subsection B or C of
Drug-free workplace means a site for the performance of work done in connection with a specific contract at which the employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.
Physical assault means intentionally causing or attempting to cause physical harm to another through force or violence.
Sexual activity means sexual conduct or sexual contact, or both.
Personal harassment means any improper behaviour by a person employed by the Employer that is directed at and offensive to another person employed by the Employer which the first person knew or ought reasonably to have known would be unwelcome. Personal harassment comprises objectionable conduct, comment, act or display that demeans, belittles or causes personal humiliation or embarrassment to the recipient.
First degree sexual assault includes:* Sexual intercourse or sexual contact without consent which causes pregnancy or inflicts great bodily harm.* Sexual intercourse or sexual contact without consent accomplished by using or threatening to use a dangerous weapon, or* Sexual intercourse or sexual contact without consent while aided by one or more persons by use of threat or violence.* A person can be imprisoned not more than forty years for committing first degree sexual assault .
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There are two degrees of the offense, both felonies, as follows: First degree sexual assault of a child is sexual contact or sexual intercourse with a person who has not attained the age of 13 years.
First degree sexual assault is defined as sexual contact or intercourse without consent and causing great bodily harm or impregnation, by use or threat of use of a dangerous weapon, or aiding or abetting by one or more persons and having sexual contact without consent by use of force or violence.
Under State of Wisconsin law 940.225, rape is referred to as sexual assault, and is defined as sexual intercourse against the will of the victim that can occur under a variety of circumstances, including: (1) First degree sexual assault .
First degree sexual assault and second degree sexual assault of a child where force is used (Statutes §948.02(1) and §948.02(2)).
First degree sexual assault – also called rape: Sexual penetration by a part of a person’s body or by any object into the genital, oral or anal openings that occurs when there is a) force or coercion or b) mental or physical inability to communicate unwillingness to engage in an act of which the accused is or had reason to be aware.
There are two degrees of the both felonies, as follows: First degree sexual assault of a child is sexual contact or sexual intercourse with a person who has not attained the age of 13 years.
First degree sexual assault requires that the sexual act be sexual intercourse or sexual intrusion.
First degree sexual assault is a Class [X] crime subject to a maximum term of imprisonment of [X], a maximum fine of [X], or both.