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Aggravated Sexual Assault Against a Child

The crime of aggravated sexual assault as it applies to a child younger than 14 mirrors the adult sexual assault statute, except it removes the perquisite of violence. A person commits the offense of aggravated sexual assault against a child if he or she intentionally or knowingly:

(1) causes the penetration of the anus or sexual organ of a child younger than 14 years of age by any means;
(2) causes the penetration of the mouth of a child younger than 14 years of age by the sexual organ of the actor;
(3) causes the sexual organ of a child younger than 14 years of age to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(4) causes the anus of a child younger than 14 years of age to contact the mouth, anus, or sexual organ of another person, including the actor; or
(5) causes the mouth of a child younger than 14 years of age to contact the anus or sexual organ of another person, including the actor.

A person can still be prosecuted for aggravated sexual assault of a child between the ages of 14 and 17 if, as in the adult sexual assault statute, the actor:

  1. causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

  1. by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

  1. by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

  1. uses or exhibits a deadly weapon in the course of the same criminal episode;

  1. acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

  1. administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

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