LAW: UNLAWFUL SEXUAL CONTACT II
§ § 768 Unlawful sexual contact in the second degree; class G felony.
A person is guilty of unlawful sexual contact in the second degree when the person
intentionally has sexual contact with another person who is less than 16 years of age or
causes the victim to have sexual contact with the person or a third person.
Unlawful sexual contact in the second degree is a class G felony.
(f) "Sexual contact" means:
(1) Any intentional touching by the defendant of the anus, breast, buttocks or genitalia of
another person; or
(2) Any intentional touching of another person with the defendant's anus, breast, buttocks or
which touching, under the circumstances as viewed by a reasonable person, is intended to be
sexual in nature. Sexual contact shall also include touching when covered by clothing.
(j) A child who has not yet reached his or her sixteenth birthday is deemed unable to consent
to a sexual act with a person more than 4 years older than said child. Children who have not yet
reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances
d) Teenage defendant. -- As to sexual offenses in which the victim's age is an element of the offense
because the victim has not yet reached his or her sixteenth birthday, where the person committing
the sexual act is no more than 4 years older than the victim, it is an affirmative defense that the
victim consented to the act "knowingly" as defined in § § 231 of this title. Sexual conduct pursuant
to this section will not be a crime. This affirmative defense will not apply if the victim had not yet
reached his or her twelfth birthday at the time of the act. (law ends here)