Law Enforcement, Medical Treatment, and Legal Proceedings Defense
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
Law Enforcement, Medical Treatment, and Legal Proceedings Defense
It is an affirmative defense to prosecution under this section that the disclosure or promotion is made in the course of:
- the lawful and common practices of law enforcement or medical treatment;
- reporting unlawful activity including but not limited to school officials, nonoffending parents or caregivers, or other authorities; or
- a legal proceeding, if the disclosure or promotion is permitted or required by law.