§ 130.00 Sex offenses; definitions of terms.\n The following definitions are applicable to this article:\n 1. "Vaginal sexual contact" means conduct between persons consisting\nof contact between the penis and the vagina or vulva.\n 2. (a) "Oral sexual contact" means conduct between persons consisting\nof contact between the mouth and the penis, the mouth and the anus, or\nthe mouth and the vulva or vagina.\n (b) "Anal sexual contact" means conduct between persons consisting of\ncontact between the penis and anus.\n 3. "Sexual contact" means any touching of the sexual or other intimate\nparts of a person for the purpose of gratifying sexual desire of either\nparty. It includes the touching of the actor by the victim, as well as\nthe touching of the victim by the actor, whether directly or through\nclothing, as well as the emission of ejaculate by the actor upon any\npart of the victim, clothed or unclothed.\n 4. For the purposes of this article "married" means the existence of\nthe relationship between the actor and the victim as spouses which is\nrecognized by law at the time the actor commits an offense proscribed by\nthis article against the victim.\n 5. "Mentally disabled" means that a person suffers from a mental\ndisease or defect which renders him or her incapable of appraising the\nnature of his or her conduct.\n 6. "Mentally incapacitated" means that a person is rendered\ntemporarily incapable of appraising or controlling his conduct owing to\nthe influence of a narcotic or intoxicating substance administered to\nhim without his consent, or to any other act committed upon him without\nhis consent.\n 7. "Physically helpless" means that a person is unconscious or for any\nother reason is physically unable to communicate unwillingness to an\nact.\n 8. "Forcible compulsion" means to compel by either:\n a. use of physical force; or\n b. a threat, express or implied, which places a person in fear of\nimmediate death or physical injury to himself, herself or another\nperson, or in fear that he, she or another person will immediately be\nkidnapped.\n 9. "Foreign object" means any instrument or article which, when\ninserted in the vagina, urethra, penis, rectum or anus, is capable of\ncausing physical injury.\n 10. "Sexual conduct" means vaginal sexual contact, oral sexual\ncontact, anal sexual contact, aggravated sexual contact, or sexual\ncontact.\n 11. "Aggravated sexual contact" means inserting, other than for a\nvalid medical purpose, a foreign object in the vagina, urethra, penis,\nrectum or anus of a child, thereby causing physical injury to such\nchild.\n 12. "Health care provider" means any person who is, or is required to\nbe, licensed or registered or holds himself or herself out to be\nlicensed or registered, or provides services as if he or she were\nlicensed or registered in the profession of medicine, chiropractic,\ndentistry or podiatry under any of the following: article one hundred\nthirty-one, one hundred thirty-two, one hundred thirty-three, or one\nhundred forty-one of the education law.\n 13. "Mental health care provider" shall mean a licensed physician,\nlicensed psychologist, registered professional nurse, licensed clinical\nsocial worker, licensed master social worker under the supervision of a\nphysician, psychologist or licensed clinical social worker, licensed\nmental health counselor or a licensed marriage and family therapist.\n
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