§ 3252. Sexual assault
(a) No person shall engage in a sexual act with another person:
(1) without the consent of the other person;
(2) by threatening or coercing the other person;
(3) by placing the other person in fear that any person will suffer imminent bodily injury;
or
(4) when the person knows or reasonably should know that the other person is asleep, unconscious,
or otherwise unaware that the sexual act is occurring.
(b)(1) No person shall administer any alcohol, drugs, or other intoxicants to another person
without the person’s knowledge or against the person’s will and, while the person
is impaired by the alcohol, drugs, or intoxicants, engage in a sexual act with that
person.
(2) No person shall engage in a sexual act with another person when the other person is
incapable of consenting to the sexual act due to substantial impairment by alcohol,
drugs, or other intoxicants and that condition is known or reasonably should be known
by the 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; 2021, No. 68, § 2.)