(a) An offender commits the crime of sexual assault in the second degree if
(1) the offender engages in sexual contact with another person without consent of that person;
(2) the offender engages in sexual contact with a person
(A) who the offender knows is mentally incapable; and
(B) who is in the offender's care
(i) by authority of law; or
(ii) in a facility or program that is required by law to be licensed by the state;
(3) the offender engages in sexual penetration with a person who the offender knows is
(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a sexual act is being committed; or
(4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and
(A) the offender is a health care worker; and
(B) the offense takes place during the course of professional treatment of the victim.
(b) Sexual assault in the second degree is a class B felony.
Section: Previous 11.41.410 11.41.420 11.41.425 11.41.427 11.41.430 11.41.432 11.41.434 11.41.436 11.41.438 11.41.440 11.41.443 11.41.445 11.41.450 11.41.452 11.41.455 NextLast modified: November 15, 2016