Code Section

What's Prohibited?

• The other person submits as a result of compulsion
• The other person isn't the offender's spouse and is less than 14 years old
• The offender impaired the victim's ability to appraise or control the sexual acts by furnishing, administering, or employing drugs, intoxicants, or similar means
• The offender compels or induces the victim to engage in the sexual act by any threat
• The victim suffers from a mental disability that is reasonably apparent or known to the offender, and which renders the victim substantially incapable of appraising the nature of the contact involved
• The victim is unconscious, or otherwise physically incapable of resisting, and hasn't consented to the sexual act
• The victim isn't the offender's spouse, and is under official supervision as a probationer, a parolee, a sex offender on supervised release, a prisoner on supervised community confinement, a juvenile on community reintegration status, or is detained in a hospital, prison, or other institution, and the offender has supervisory or disciplinary authority over the victim
• The victim isn't the offender's spouse, is less than 18 years old, and is a student enrolled in a school whether the offender is an employee
• The victim isn't the offender's spouse, is less than 18 years old, and is attending a children's home, child care facility, drug treatment center, youth camp, or other institution that regularly provides services for children and the actor is an employee of the institution
• The victim is less than 18 years old and the offender is a parent, stepparent, foster parent, guardian, or other similar person
• The offender is a psychiatrist, psychologist, or a licensed social worker (or purports to be), the victim isn't their spouse, and is the offender's current patient or client
• The offender owns or is an employee of a program that is licensed or funded by the Department of Health and Human Services, the victim isn't the offender's spouse, and the victim receives services from the organization, or
• The offender is employed to provide care to a dependent person (because of their advanced age, or physical or mental disease) who isn't the actor's spouse or domestic partner

Penalties

• Class B crimes are punishable by imprisonment for up to 10 years, and/or a $20,000 fine.
• Class C crimes are punishable by imprisonment for up to five years, and/or a fine of $2,000.