Generally, Gross Sexual Imposition is a 4th Degree Felony and carries a penalty of 6 to 18 months in prison and a possible fine of $5,000. What are the Penalties for Gross Sexual Imposition? * "Sexual contact" means any touching of an erogenous zone of another, including without limitation to the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person. For example: a person is sexually assaulted while under anesthesia for a dental procedure. If a person’s judgment or control is impaired because they have willingly been given a drug or anesthetic for purposes of a medical or dental surgery, examination, or treatment. If a person is mentally impaired they cannot consent, and if a physical condition (for example, paralysis) makes a person unable to resist, that too is strictly prohibited. It does not matter how or why the person became intoxicated. If a person is so intoxicated or impaired that he or she cannot consent or is unable to resist, sexual contact is prohibited. The most common physical condition is voluntary intoxication. Sexual contact with another when the other person’s ability to consent or resist is impaired because of a mental or physical condition.
Impaired Mental or Physical Condition.This is when a person is intentionally drugged by another in order to make them unable to resist. This is not a situation of voluntary intoxication. When, in order to prevent resistance, a person substantially impairs another’s judgment or control by administering drugs or alcohol by force or surreptitiously. The law states that no one under the age of 13 can consent to sexual activity, and therefore, sexual contact of any kind with someone under the age of 13 is strictly prohibited. Sexual contact with anyone less than 13 years old is Gross Sexual Imposition. In some cases the amount of force required is far less than one might suspect. What constitutes “force” or “threat of force” is often a critical issue in these cases. If a person is purposely compelled to submit to the contact by force or threat of force. Gross Sexual Imposition is when a person engages in sexual contact* with another person, who is not his or her spouse, under any of the following conditions:
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