PL- Session 4 (Full)- 130 Sex Offenses Flashcards
(21 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
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 constitutes Sex Abuse 3rd?
What is the crime classification
Sexual contact (touching of the sexual or intimate parts of another for gratification) without consent
B Misd
What constitutes Sex Abuse 2nd?
What is the crime classification
Sexual contact (touching of the sexual or intimate parts of another for gratification) without consent
- Victim is incapable of consent for reasons other than LT 17 y.o.
-or- - Victim is LT 14 y.o.
A Misd
What constitutes Sex Abuse 1st?
What is the crime classification
Sexual contact (touching of the sexual or intimate parts of another for gratification) without consent
- Victim is physically helpless
-or- - Victim is forcibly compelled
-or- - Victim LT 13 y.o. , Defendant 21 y.o. or more
-or- - Victim is LT 11 y.o.
D Felony
What constitutes Agg. Sex Abuse 4th?
What is the crime classification
- Inserts foreign object or finger
- Causing PI
- Victim can’t consent for some factor other than L.T. 17
E Felony
What constitutes Agg. Sex Abuse 3rd?
What is the crime classification
Sub 1.
Inserts foreign object into rectum, vagina, urethra, penis, anus
NO PI
* By force
-or-
* Victim is physically helpless
-or-
* Victim is LT 11 y.o.
Sub 2.
Inserts foreign object into rectum, vagina, urethra, penis, anus
CAUSES PI
* Victim cant consent because mentally disabled or incapacitated
D Felony
What constitutes Agg. Sex Abuse 2nd?
What is the crime classification
Inserts finger into rectum, vagina, urethra, penis
Causes PI
* By force
-or-
* Victim physically helpless
-or-
* Victim is LT 11 y.o.
C Felony
What constitutes Agg. Sex Abuse 1st?
What is the crime classification
Inserts foreign object into rectum, vagina, urethra, penis, anus
Causes PI
* By force
-or-
* Victim is physically helpless
-or-
* Victim is LT 11 y.o.
B Felony
What constitutes Course of sexual conduct against a child 1st and 2nd?
What is the crime classifications
SCAC 2nd:
Over a period of time not less than 3 months, defendant engages in 2 or more acts of sexual conduct with a child LT 11 y.o.
-or-
A person MT 18 y.o. does the above to someone LT 13 y.o.
SCAC 1st:
Above actions:
With at least one act of oral/ anal conduct, or aggravated sexual contact
1st - B Felony 2nd- D Felony
Defendant can not be prosecuted for any other sexual offense involving the same victim unless it occurred outside the time period.
What constitutes Genital Mutilation?
What is the crime classifications
- Knowingly circumcise, excise, etc the vaginal area of a person LT 18 y.o.
- Parent knowingly consents
E Felony
NO OFFENSE IF FOR MEDICAL NECESSITY
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 constitutes Predatory Sexual Assault?
What is the crime classifications
Person engages in:
* Rape 1st
* Agg S.A. 1st
* Course of sexual conduct against a child 1st
and
* Has prior 1conviction for PL 130 felony, Incest, or Use of a child in sexual performance
-or-
* Has engaged in one of the preceeding offenses against one or more additional persons
-or-
* In commission or flight from causes SPI to victim or threatens immedeate use of D.I.
A- II Felony
What constitutes PRedatory Sexual Assault Against a Child?
What is the crime classifications
Person 18 y.o. or more engages in:
* Rape 1st
* Agg S.A. 1st
* Course of sexual conduct against a child 1st etc
-and-
* 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
