Aggravated Sexual Assault

Sexual assault against another adult is a 2nd degree felony. If certain factors are alleged to be present, the offense escalates to a 1st degree felony. In addition to proving the factors outlined under the Sexual Assault statute, the crime of Aggravated Sexual Assault against a person over 17 occurs if the person:

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;

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

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

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

5. 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

6. 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;

   or:
   the victim is an elderly individual or a disabled individual.

Thus, the three main categories of this enhancement apply to seriously violent sexual assaults, the use of date rape drugs, or assaults to a more vulnerable class of people.