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A person commits the crime of sexual misconduct if: Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or Being a female, she engages in sexual intercourse with a male without his consent; or He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by sections 13A-6-63 and 13A-6-64.

Consent is no defense to a prosecution under this subdivision.

A person commits the crime of sexual abuse in the first degree if: He subjects another person to sexual contact by forcible compulsion; or He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated; or He, being 16 years old or older, subjects another person to sexual contact who is less than 12 years old.

A person commits the crime of sexual abuse in the second degree if: He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or He being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.

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Last modified 12-Dec-2015 09:52