PL- Session 4 (130 Condensed Sex Offenses) Flashcards
(14 cards)
What are the two general requirements under P.L. Article 130- Sex Offenses?
- Sexual Contact
- Lack of Consent
Consent not a consideration regarding dead bodies or animals
What factors contribute to a lack of consent?
- Forcible compulsion
- Lack of consent other than incapacity (a firm stated NO)
- Lack of expressly or implied consent in sexual abuse or forcible touching situation
- Incapacity to consent
* Less than 17 years old
* Mentally disabled
* Mentally incapacitated (intox, drugged)
* Physically helpless
* Prisoner, parolee, patient, children services
What factors constitute Rape 1st degree?
What is the crime classification
- Forcible compulsion
- Victim is physically helpless
- Victim LT 11 y.o.
- Victim LT 13 y.o. , Defendant 18 y.o. or more
B Felony
What factors constitute Rape 2nd degree?
What is the crime classification
- Victim LT 15 y.o. , Defendant 18 y.o. or more
- Victim is mentally disabled, or incapacitated (intox or drugs)
D Felony
There is an affirmative defense to Rape 2nd if Defendant is LT 4 years older than victim
What factors constitute Rape 3rd degree?
What is the crime classification
- Victim LT 17 y.o., Defendant 21 y.o. or more
- Lack of consent based on other factor than incapacity (a firm “NO”)
- Victim incapable of consent by a factor other than LT 17 y.o. (prisoner, parolee, patient)
E Felony
What constitutes sexual misconduct?
What is the crime classification
- Consentual relationship, but victim cant consent due to age, age difference does NOT fit into rape situations
- Animals or dead bodies
A Misd
What constitutes forcible touching?
- Intentionally and forcibly grab, touch, squeeze intimate parts of another to degrade, abuse, or for gratification
- Sexual contact for gratification on a bus or subway
A MIsd
AGE NOT A FACTOR, THIS WILL BE 2 ADULTS
What constitutes persistent sexual abuse?
Deft. commits:
* Forcible touching, Sex abuse 2nd or 3rd
-and-
* Within prior 10 years has 2 separate convictions with sentence for Sex abuse 2nd, 3rd, Forcible touching, or any Sex Felony
E Felony
What is the important distinction regarding Sexual Abuse?
This will be sexual contact (touching of the sexual or intimate parts of another for gratification) without consent
Same act as forcible touching but there will be age or ability to consent modifiers
3rd Degree has Affirmative Defense if victim said “YES”, was 14-15-16 y.o. , and defendant less than 5 years older
What is the important distinction regarding Agg. Sex Abuse?
This act will involve fingers or foreign object inserted into intimate parts of another without consent, typically age or ability to consent modifiers
Some require PI
What is the important distinction regarding Course of Sexual Conduct Against a Child?
This will involve multiple acts of sexual conduct over a period of more than 3 months
* LT 11 y.o.
* MT 18 y.o. , LT 13 y.o.
Defendant can not be prosecuted for any other sexual offense involving the same victim unless it occurred outside the time period.
What constitutes Facilitating a Sex Offense with a Controlled Substance?
What is the crime classifications
- Knowingly posess a controlled substance or any compound that requires a prescription to obtain and administers it to another without consent for the intent to commit a sex felony
D Felony
What is the important distinction regarding Predatory Sexual Assault?
What is the crime classifications
Person engages in: one of the first degree sex felonies Rape, Agg. SA, Sex Act Against Child
and
1. Prior sex felony conviction
2. Commits listed offense against one or more other persons
3. In commission or flight causes SPI to victim or threatens D.I.
Predatory Sex Assault Against Child:
* Same offenses
* Victim is less than 13 y.o.
A- II Felony
What is a Sexually Motivated Felony?
A person commits a specified offense in whole or substantial part for the purpose of their own sexual gratification
