This is alleged when there is any penetration of the victim whether vaginally, orally or anally. It can also be brought if the penetration was with an object rather than any part of the defendant’s body. First degree charges may also be filed if the victim’s bare genitals or anus are touched by the defendant or is done with the sexual or aggressive intent such as:

  • The victim is under age 13 and the defendant is more than three years older.
  • The victim is age 13-to-16 and the defendant is four years older and is in a position of authority over the victim such as a parent, foster parent, medical professional, teacher or psychotherapist.
  • The situation placed the victim in reasonable fear of physical harm to themselves or another person.
  • The defendant was armed with a dangerous weapon or threatened the victim with the weapon.
  • The defendant injured the victim and used force or coercion to cause sexual penetration.
  • The defendant knew that the victim is mentally or physically impaired.
  • The defendant had an accomplice to make the victim submit or the accomplice had a weapon.
  • The defendant has a significant relationship with the victim, such as a parent, guardian, blood relative or an adult who lives in the same house but isn’t a spouse, and the victim is under age 16 at the time of penetration.

These follow the same guidelines as a first degree charge but “penetration” is not needed. The law in this case only requires “sexual contact.”

This level of charge requires sexual penetration and one or more of any of these aggravating circumstances:

  • The victim is under age 13 and the defendant is less than three years older.
  • The victim is between ages 13-and-15 and the defendant is two years older.
  • The victim is 16 or 17 and the defendant has a significant relationship with the victim, is in a position of authority over them, uses force or coercion, has a weapon, the assault causes injury, or there are multiple sexual acts committed over a period of time.
  • The defendant knows or might reasonably know that the victim is mentally impaired or physically helpless.
  • The defendant is helped by someone who uses force or threatens to use a dangerous weapon.
  • The offender is a psychotherapist and the victim is a patient with the act occurring during a therapy session, the victim is emotionally dependent on the therapist, the therapist deceives the victim into participating, or the offender is some other healthcare professional and the act occurs as a result of a false representation.

This is the same as a third-degree charge but there is only sexual contact as opposed to penetration. Other circumstances may include the victim being between ages 13-and-15 and the defendant is four years older or in a position of authority which they use to compel submitting to the act.

These charges may result from date rape or any other non-consensual sexual contact, masturbating or exhibit the genitals in front of anyone under age 16, removing or attempting to remove clothing that covers intimate sexual parts or touching or groping the intimate parts of another person without their consent.