§ 5-14-124 - Sexual assault in the first degree.
5-14-124. Sexual assault in the first degree.
(a) A person commits sexual assault in the first degree if the person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor's spouse and the actor is:
(1) Employed with the Department of Correction, the Department of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Department of Correction, the Department of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents;
(2) A mandated reporter under 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or
(3) An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim.
(b) It is no defense to a prosecution under this section that the victim consented to the conduct.
(c) It is an affirmative defense to a prosecution under subdivision (a)(3) of this section that the actor was not more than three (3) years older than the victim.
(d) Sexual assault in the first degree is a Class A felony.