LD 1195
pg. 7
Page 6 of 14 An Act To Protect Women and Children from Sexual Predators by Requiring the Sta... Page 8 of 14
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LR 837
Item 1

 
1. A person is guilty of sexual abuse of a minor child
molestation if:

 
A. The person engages in a sexual act with another person,
not the actor's spouse, who is either 14 or 15 years of age
and the actor is at least 5 years older than the other
person. Violation of this paragraph is a Class D crime;

 
A-1. The person violates paragraph A and the actor knows
that the other person is related to the actor within the 2nd
degree of consanguinity. Violation of this paragraph is a
Class C crime;

 
A-2. The person violates paragraph A and the actor is at
least 10 years older than the other person. Violation of
this paragraph is a Class C crime;

 
C. The person is at least 21 years of age and engages in a
sexual act with another person, not the actor's spouse, who
is either 16 or 17 years of age and is a student enrolled in
a private or public elementary, secondary or special
education school, facility or institution and the actor is a
teacher, employee or other official in the school district,
school union, educational unit, school, facility or
institution in which the student is enrolled. Violation of
this paragraph is a Class E crime;

 
D. The person violates paragraph C and the actor knows that
the student is related to the actor within the 2nd degree of
consanguinity. Violation of this paragraph is a Class D
crime;

 
E. The person violates paragraph C and the actor is at
least 10 years older than the student. Violation of this
paragraph is a Class D crime; or

 
F. The person intentionally subjects another person, not
the actor's spouse, who is either 14 or 15 years of age to
any sexual contact and the actor is at least 10 years older
than the other person. Violation of this paragraph is a
Class D crime.

 
2. It is a defense to a prosecution under subsection 1,
paragraphs A, A-1, A-2 and F, that the actor reasonably believed
the other person is at least 16 years of age.

 
4. As used in this section, "related to the actor within the
2nd degree of consanguinity" has the meaning set forth in section
556.


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