Voluntary Transmission of the Image(s) to the Actor is No 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
Voluntary Transmission of the Image(s) to the Actor is No Defense
It is not a defense to prosecution under this section that the depicted person:
- created or consented to the creation of the visual depiction that was possessed, disclosed, broadcasted, posted, or transmitted without their consent; or
- previously consented to creating, recording, producing, possessing, disclosing, broadcasting, or transmitting other visual depictions in a state of nudity or engaging in sexually explicit conduct;
- voluntarily transmitted the visual depiction to the actor, who disclosed, broadcasted, posted, or transmitted without their consent; or
- created, recorded, produced, disclosed, broadcast, or transmitted a visual depiction in a state of nudity of engaging in sexually explicit conduct in a nonpublic commercial setting.