5-7-2 Sexual Abuse

Any person who knowingly causes another person to engage in a sexual act-

  1. when the other person is incapable of consent;
  2. when the other person is incapable of consent because of any intoxicant, narcotic, or anesthetic agent or hypnosis;
  3. when the other person has attained the age of twelve (12) years but has not attained the age of sixteen (16) years and is at least four (4) years younger than the person so engaging;
  4. if the person so engaging engages in a sexual act with a person, that the actor knows to be related to the actor by marriage, blood or adoption to include hunka or traditional adoption ceremony, either legitimately or illegitimately, as an ancestor, descendant, brother, sister, aunt, uncle, nephew, niece or first cousin, while such relationship exists;
  5. if the other person is in custody of law enforcement or detained by corrections, or in a hospital or other institution and the actor has custodial, supervisory, or disciplinary authority over him or her;
  6. if the person so engaging is a psychotherapist and the other person is the psychotherapist’s patient, regardless of consent by the patient

is guilty of sexual abuse.

Sexual Abuse is a Class A Crime

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