§ 5-14-125 - Sexual assault in the second degree.
5-14-125. Sexual assault in the second degree.
(a) A person commits sexual assault in the second degree if the person:
(1) Engages in sexual contact with another person by forcible compulsion;
(2) Engages in sexual contact with another person who is incapable of consent because he or she is:
(A) Physically helpless;
(B) Mentally defective; or
(C) Mentally incapacitated;
(3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is:
(A) Less than fourteen (14) years of age; and
(B) Not the person's spouse;
(4) (A) Engages in sexual contact with a minor and the actor is:
(i) Employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;
(ii) A mandated reporter under 12-18-402(b) and is in a position of trust or authority over the minor; or
(iii) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor.
(B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution;
(5) (A) Being a minor, engages in sexual contact with another person who is:
(i) Less than fourteen (14) years of age; and
(ii) Not the person's spouse.
(B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than:
(i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or
(ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or
(6) Is a teacher in a public school in a grade kindergarten through twelve (K-12) and engages in sexual contact with another person who is:
(A) A student enrolled in the public school; and
(B) Less than twenty-one (21) years of age.
(b) (1) Sexual assault in the second degree is a Class B felony.
(2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is:
(A) Less than fourteen (14) years of age; and
(B) Not the person's spouse.