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§ 1701. Definition and penalty
A person who maliciously threatens to accuse another of a crime or offense, or with an injury to his person or property, with intent to extort money or other pecuniary advantage, or with intent to compel the person so threatened to do an act against his will, shall be imprisoned not more than three years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1973, No. 109, § 6; 1981, No. 223 (Adj. Sess.), § 23.)
§ 2602. Lewd or lascivious conduct with child
(a)(1) No person shall willfully and lewdly commit any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of such person or of such child.
(2) This section shall not apply if the person is less than 19 years old, the child is at least 15 years old, and the conduct is consensual.
(b) A person who violates subsection (a) of this section shall be:
(1) For a first offense, imprisoned not less than two years and not more than 15 years, and, in addition, may be fined not more than $5,000.00, or both.
(2) For a second offense, imprisoned not less than five years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.
(3) For a third or subsequent offense, imprisoned not less than ten years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.
(c)(1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subdivision (b)(2) of this section shall include at least a five-year term of imprisonment and a sentence ordered pursuant to subdivision (b)(3) of this section shall include at least a ten-year term of imprisonment. The five-year and ten-year terms of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year or ten-year term of imprisonment.
(2) The court may depart downwardly from the five-year and ten-year terms of imprisonment required by subdivisions (b)(2) and (3) of this section and impose a lesser term of incarceration if the court makes written findings on the record that the downward departure will serve the interests of justice and public safety.
(d) A person convicted of violating subdivision (b)(2) or (3) of this section shall be sentenced under section 3271 of this title. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1995, No. 50, § 4; 2005, No. 79, § 9; 2005, No. 192 (Adj. Sess.), § 8, eff. May 26, 2006.)
§ 2802. Disseminating indecent material to a minor in the presence of the minor
(a) No person may, with knowledge of its character and content, sell, lend, distribute or give away to a minor:
(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image, including any such representation or image which is stored electronically, of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in subdivision (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
(b) No person may, with knowledge of the character and content of a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors:
(1) Exhibit such a motion picture, show or other presentation to a minor; or
(2) Sell or give away to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such a motion picture, show or other presentation; or
(3) Admit a minor to premises whereon there is exhibited or to be exhibited such a motion picture, show or other presentation.
(c) This section shall apply only to acts occurring in the presence of the minor. (Amended 1967, No. 340 (Adj. Sess.), § 2, eff. March 23, 1968; 1999, No. 124 (Adj. Sess.), § 7; 2001, No. 41, § 7.)
§ 2804b. Displaying obscene materials to minors
A person commits the crime of displaying obscene materials to minors if, being the owner, operator or manager of a business or acting in a managerial capacity, he knowingly or recklessly permits a minor who is not accompanied by his parent or lawful guardian to enter or remain on the premises, if in that part of the premises where the minor is so permitted to be, there is visibly displayed:
(1) Any picture, photograph, drawing, sculpture or other visual representation or image of a person or portion of the human body that depicts nudity, sexual conduct, sexual excitement or sado-masochistic abuse which is harmful to minors; or
(2) Any book, magazine, paperback, pamphlet or other written or printed matter, however reproduced, that pictorially reveals a person or portion of the human body, depicts nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, which is harmful to minors. (Added 1973, No. 204 (Adj. Sess.), § 4.)
§ 2828. Luring a child
(a) No person shall knowingly solicit, lure, or entice, or to attempt to solicit, lure, or entice, a child under the age of 16 or another person believed by the person to be a child under the age of 16, to engage in a sexual act as defined in section 3251 of this title or engage in lewd and lascivious conduct as defined in section 2602 of this title.
(b) This section applies to solicitation, luring, or enticement by any means, including in person, through written or telephonic correspondence or electronic communication.
(c) This section shall not apply if the person is less than 19 years old, the child is at least 15 years old, and the conduct is consensual. (Added 1999, No. 122 (Adj. Sess.), § 6; amended 2005, No. 192 (Adj. Sess.), § 9, eff. May 26, 2006.)
§ 2823. Consenting to a sexual performance
No person who is the parent, legal guardian, or custodian of a child may, with knowledge of the character and content, consent to the participation of that child in a sexual performance or a performance including a lewd exhibition of the genitals by that child. (Added 1983, No. 92.)
§ 3251. Definitions
As used in this chapter:
(1) A "sexual act" means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person's body or any object into the genital or anal opening of another.
(2) "Sexual conduct" means any conduct or behavior relating to sexual activities of the complaining witness, including but not limited to prior experience of sexual acts, use of contraceptives, living arrangement and mode of living.
(3) "Consent" means words or actions by a person indicating a voluntary agreement to engage in a sexual act.
(4) "Serious bodily injury" shall have the same meaning as in subdivision 1021(2) of this title;
(5) "Bodily injury" means physical pain, illness or any impairment of physical condition.
(6) "Actor" means a person charged with sexual assault or aggravated sexual assault.
(7) "Deadly force" means physical force which a person uses with the intent of causing, or which the person knows or should have known would create a substantial risk of causing, death or serious bodily injury.
(8) "Deadly weapon" means
(A) any firearm; or
(B) any weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury. (Added 1977, No. 51, § 1; amended 1985, No. 83, § 1; 1989, No. 293 (Adj. Sess.), § 4; 2005, No. 192 (Adj. Sess.), § 10, eff. May 26, 2006.)
§ 3252. Sexual assault
(a) No person shall engage in a sexual act with another person and compel the other person to participate in a sexual act:
(1) without the consent of the other person; or
(2) by threatening or coercing the other person; or
(3) by placing the other person in fear that any person will suffer imminent bodily injury.
(b) No person shall engage in a sexual act with another person and impair substantially the ability of the other person to appraise or control conduct by administering or employing drugs or intoxicants without the knowledge or against the will of the other person.
(c) No person shall engage in a sexual act with a child who is under the age of 16, except:
(1) where the persons are married to each other and the sexual act is consensual; or
(2) where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual.
(d) No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild.
(e) No person shall engage in a sexual act with a child under the age of 16 if:
(1) the victim is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild; or
(2) the actor is at least 18 years of age, resides in the victim's household, and serves in a parental role with respect to the victim.
(f)(1) A person who violates subsection (a), (b), (d), or (e) of this section shall be imprisoned not less than three years and for a maximum term of life, and, in addition, may be fined not more than $25,000.00.
(2) A person who violates subsection (c) of this section shall be imprisoned for not more than 20 years, and, in addition, may be fined not more than $10,000.00.
(g) A person convicted of violating subsection (a), (b), (d), or (e) of this section shall be sentenced under section 3271 of this title. (Added 1977, No. 51, § 1; amended 1985, No. 83, § 2; 1989, No. 293 (Adj. Sess.), § 5; 2005, No. 192 (Adj. Sess.), § 10, eff. May 26, 2006.)
§ 3253. Aggravated sexual assault
(a) A person commits the crime of aggravated sexual assault if the person commits sexual assault under any one of the following circumstances:
(1) At the time of the sexual assault, the actor causes serious bodily injury to the victim or to another.
(2) The actor is joined or assisted by one or more persons in physically restraining, assaulting or sexually assaulting the victim.
(3) The actor commits the sexual act under circumstances which constitute the crime of kidnapping.
(4) The actor has previously been convicted in this state of sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual assault or has been convicted in any jurisdiction in the United States or territories of an offense which would constitute sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual assault if committed in this state.
(5) At the time of the sexual assault, the actor is armed with a deadly weapon and uses or threatens to use the deadly weapon on the victim or on another.
(6) At the time of the sexual assault, the actor threatens to cause imminent serious bodily injury to the victim or to another and the victim reasonably believes that the actor has the present ability to carry out the threat.
(7) At the time of the sexual assault, the actor applies deadly force to the victim.
(8) The victim is under the age of 13 and the actor is at least 18 years of age.
(9) The victim is subjected by the actor to repeated nonconsensual sexual acts as part of the same occurrence or the victim is subjected to repeated nonconsensual sexual acts as part of the actor's common scheme and plan.
(b) A person who commits the crime of aggravated sexual assault shall be imprisoned not less than ten years and a maximum term of life, and, in addition, may be fined not more than $50,000.00.
(c)(1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subsection (b) of this section shall include at least a ten-year term of imprisonment. The ten-year term of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year or ten-year term of imprisonment.
(2) The court may depart downwardly from the ten-year term of imprisonment required by subsection (b) of this section and impose a lesser term of incarceration if the court makes written findings on the record that the downward departure will serve the interests of justice and public safety, provided that in no event may the court impose a term of incarceration of less than five years.
(d) A person convicted of violating this section shall be sentenced under section 3271 of this title. (Added 1977, No. 51, § 1; amended 1989, No. 293 (Adj. Sess.), § 6; 2005, No. 79, § 10; 2005, No. 192 (Adj. Sess.), § 10, eff. May 26, 2006.)
§ 4501. Limitation of prosecutions for certain felonies
(a) Prosecutions for aggravated sexual assault, murder, arson causing death, and kidnapping may be commenced at any time after the commission of the offense.
(b) Prosecutions for manslaughter, sexual assault, lewd and lascivious conduct, sexual exploitation of children, grand larceny, robbery, burglary, embezzlement, forgery, bribery offenses, false claims, fraud under subsection 141(d) of Title 33, and felony tax offenses shall be commenced within six years after the commission of the offense, and not after.
(c) Prosecutions for sexual assault, lewd and lascivious conduct and lewd or lascivious conduct with a child, alleged to have been committed against a child 16 years of age or under, shall be commenced within the earlier of the date the victim attains the age of 24 or six years from the date the offense is reported, and not after. For purposes of this subsection, an offense is reported when a report of the conduct constituting the offense is made to a law enforcement officer by the victim.
(d) Prosecutions for arson shall be commenced within 11 years after the commission of the offense, and not after.
(e) Prosecutions for other felonies and for misdemeanors shall be commenced within three years after the commission of the offense, and not after. (Amended 1981, No. 52, § 1; 1981, No. 223 (Adj. Sess.), § 11; 1985, No. 82, § 4; 1987, No. 48, § 7; 1989, No. 292 (Adj. Sess.), § 1; 1993, No. 163 (Adj. Sess.), § 1; 1995, No. 27, § 1.)
§ 560. Childhood sexual abuse
When a person entitled to bring an action for damages as a result of childhood sexual abuse is unable to commence the action as a direct result of the damages caused by the sexual abuse, the period during which the person is incapacitated shall not be taken as a part of the time limited for commencement of the action. (Added 1989, No. 292 (Adj. Sess.), § 3.)
Revised
07/07