Aggravated Sexual Assault

Model Sexual Assault Code
Disclaimer
Acknowledgments
General Definitions
Consent Capacity to Consent Forcible Compulsion Sexual Contact Sexual Penetration Sexually Explicit Conduct
Mens Rea Provisions
Intentionally Knowingly Recklessly Prescribed Culpability Requirement Applies to All Material Elements. Substitutes for Recklessness and Knowledge. Requirement of Purpose Satisfied if Purpose Is Conditional. Requirement of Knowledge Satisfied by Knowledge of High Probability.
Crimes
Sexual Assault Aggravated Sexual Assault Sexual Assault Based on Abuse of Position Sexual Assault Based on Deception Criminal Sexual Conduct with Minors Incest Sexually Explicit Conduct in Public Abusive Sexual Exposure Abusive Sexual Conduct Abusive Sexual Conduct Involving Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance Nonconsensual Ingestion of Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance Abusive Sexual Conduct Involving Animals Sexual Torture Unlawful Child Marriage
Definitions
Visual Depiction Digital Forgery Identifiable Individual Image-Based Nudity Image-Based Sexually Explicit Conduct Promote Transmits or Posts
Crimes
Image-Based Sexual Abuse Voyeurism/Unlawful Surveillance
Voluntary Transmission of the Image(s) to the Actor is No Defense Law Enforcement, Medical Treatment, and Legal Proceedings Defense Reasonable Expectation of Privacy
Mistake of Fact as to Age is Not a Defense Voluntary Intoxication or Drugged Condition is Not a Defense Ignorance of Law is Not a Defense
Human Trafficking Sex Offender Registration and Notification Act (SORNA) Female Genital Mutilation
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Aggravated Sexual Assault

Elements

A person commits the offense of Aggravated Sexual Assault if:

  1. that person commits sexual assault upon a person who lacks the capacity to consent; or
  2. that person uses forcible compulsion to facilitate the commission of a sexual assault.

Grading

An offense under this section is a first-degree felony, except that an offense under this section holds a minimum sentence of years confinement when any of the following aggravating factors exist:

  1. that person gains unlawful entry into or remains unlawfully in a building, dwelling, or vehicle to facilitate commission of the aggravated sexual assault;
  2. that person commits the offense with one or more additional perpetrators; 
  3. that person commits the offense and records, livestreams, or is in the presence or awareness of others during the commission of the aggravated sexual assault;
  4. that person causes serious bodily injury to another during the commission of the aggravated sexual assault;
  5. that person commits the offense and impedes the breath or circulation of another by applying pressure to the neck or throat or covering the nose and mouth of another during the commission of the aggravated sexual assault;
  6. that person administers or has knowledge of someone else administering to a person any narcotic, anesthetic, or intoxicating substance, which causes them to be unable to express consent, withdraw consent, and/or appraise the consequences of the penetration or contact;
  7. that person commits the offense and uses or threatens to use a dangerous instrument, whether actual or perceived, during the commission of the offense.
Sexual Assault Sexual Assault Based on Abuse of Position