(a) A person commits sexual assault in the second degree if the person: (1) Engages in sexual contact with another person by forcible compulsion; (2) Engages in sexual contact with another person who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; (3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is less than fourteen (14) years of age; (4) (A) Engages in sexual contact with a minor and the actor is: (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. (B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution; (5) (A) Being a minor, engages in sexual contact with another person who is: (i) Less than fourteen (14) years of age; and (ii) Not the person's spouse. (B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than: (i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or (ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or (6) Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is: (A) A student enrolled in the public or private school; and (B) Less than twenty-one (21) years of age. (b) (1) Sexual assault in the second degree is a Class B felony. (2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: (A) Less than fourteen (14) years of age; and (B) Not the person's spouse. Amended by Act 2023, No. 659,§ 34, eff. 1/1/2024. Amended by Act 2021, No. 615,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 671, eff. 7/1/2019. Amended by Act 2017, No. 418,§ 3, eff. 8/1/2017. Amended by Act 2013, No. 1086,§ 2, eff. 8/16/2013. Acts 2001, No. 1738, § 3; 2003, No. 1323, § 1; 2003, No. 1720, § 2; 2009, No. 748, §§ 11-13; 2009, No. 758, § 3; 2011, No. 1129, § 1. (a) A person commits sexual assault in the second degree if the person: (1) Engages in sexual contact with another person by forcible compulsion; (2) Engages in sexual contact with another person who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; (3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is less than fourteen (14) years of age; (4) (A) Engages in sexual contact with a minor and the actor is: (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. (B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution; (5) (A) Being a minor, engages in sexual contact with another person who is: (i) Less than fourteen (14) years of age; and (ii) Not the person's spouse. (B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than: (i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or (ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or (6) Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is: (A) A student enrolled in the public or private school; and (B) Less than twenty-one (21) years of age. (b) (1) Sexual assault in the second degree is a Class B felony. (2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: (A) Less than fourteen (14) years of age; and (B) Not the person's spouse. Amended by Act 2023, No. 659,§ 34, eff. 1/1/2024. Amended by Act 2021, No. 615,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 671, eff. 7/1/2019. Amended by Act 2017, No. 418,§ 3, eff. 8/1/2017. Amended by Act 2013, No. 1086,§ 2, eff. 8/16/2013. Acts 2001, No. 1738, § 3; 2003, No. 1323, § 1; 2003, No. 1720, § 2; 2009, No. 748, §§ 11-13; 2009, No. 758, § 3; 2011, No. 1129, § 1. (a) A person commits sexual assault in the second degree if the person: (1) Engages in sexual contact with another person by forcible compulsion; (2) Engages in sexual contact with another person who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; (3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is less than fourteen (14) years of age; (4) (A) Engages in sexual contact with a minor and the actor is: (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. (B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution; (5) (A) Being a minor, engages in sexual contact with another person who is: (i) Less than fourteen (14) years of age; and (ii) Not the person's spouse. (B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than: (i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or (ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or (6) Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is: (A) A student enrolled in the public or private school; and (B) Less than twenty-one (21) years of age. (b) (1) Sexual assault in the second degree is a Class B felony. (2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: (A) Less than fourteen (14) years of age; and (B) Not the person's spouse. Amended by Act 2023, No. 659,§ 34, eff. 1/1/2024. Amended by Act 2021, No. 615,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 671, eff. 7/1/2019. Amended by Act 2017, No. 418,§ 3, eff. 8/1/2017. Amended by Act 2013, No. 1086,§ 2, eff. 8/16/2013. Acts 2001, No. 1738, § 3; 2003, No. 1323, § 1; 2003, No. 1720, § 2; 2009, No. 748, §§ 11-13; 2009, No. 758, § 3; 2011, No. 1129, § 1. (a) A person commits sexual assault in the second degree if the person: (1) Engages in sexual contact with another person by forcible compulsion; (2) Engages in sexual contact with another person who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; (3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is less than fourteen (14) years of age; (4) (A) Engages in sexual contact with a minor and the actor is: (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. (B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution; (5) (A) Being a minor, engages in sexual contact with another person who is: (i) Less than fourteen (14) years of age; and (ii) Not the person's spouse. (B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than: (i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or (ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or (6) Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is: (A) A student enrolled in the public or private school; and (B) Less than twenty-one (21) years of age. (1) Engages in sexual contact with another person by forcible compulsion; (2) Engages in sexual contact with another person who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; (3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is less than fourteen (14) years of age; (4) (A) Engages in sexual contact with a minor and the actor is: (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. (B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution; (A) Engages in sexual contact with a minor and the actor is: (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason; (iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. (B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution; (5) (A) Being a minor, engages in sexual contact with another person who is: (i) Less than fourteen (14) years of age; and (ii) Not the person's spouse. (B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than: (i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or (ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or (A) Being a minor, engages in sexual contact with another person who is: (i) Less than fourteen (14) years of age; and (ii) Not the person's spouse. (i) Less than fourteen (14) years of age; and (ii) Not the person's spouse. (B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than: (i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or (ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or (i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or (ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or (6) Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is: (A) A student enrolled in the public or private school; and (B) Less than twenty-one (21) years of age. (A) A student enrolled in the public or private school; and (B) Less than twenty-one (21) years of age. (b) (1) Sexual assault in the second degree is a Class B felony. (2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: (A) Less than fourteen (14) years of age; and (B) Not the person's spouse. (1) Sexual assault in the second degree is a Class B felony. (2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: (A) Less than fourteen (14) years of age; and (B) Not the person's spouse. (A) Less than fourteen (14) years of age; and (B) Not the person's spouse. Acts 2001, No. 1738, § 3; 2003, No. 1323, § 1; 2003, No. 1720, § 2; 2009, No. 748, §§ 11-13; 2009, No. 758, § 3; 2011, No. 1129, § 1.
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