Sexual Assault Based on Abuse of Position
Model Sexual Assault Code
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
Sexual Assault Based on Abuse of Position
Elements
An offense is committed if a person intentionally, knowingly, or recklessly engages in sexual penetration or sexual contact with a person and is:
- a legal guardian, teacher (PK-12), caretaker, or otherwise in a position of trust, supervision, control, or authority over the person; or
- a lawyer, healthcare provider, mental health provider or other professional or otherwise in a position of trust, supervision, control, or authority over the person and the sexual penetration or contact occurs in the course of the actor performing their professional duties.
Grading
An offense under section (a) is a _ degree felony. An offense under section (b) is a _ degree felony.