Criminal Sexual Act

There are three degrees of Criminal Sexual Act. The degree is determined by elements such as whether force is used, the nature of the incapacity to consent, and the ages of the victim and the defendant.

  • Engaging in oral sexual conduct or anal sexual conduct with someone incapable of consent for some reason other than being less than 17 years old,
  • Engaging in oral sexual conduct or anal sexual conduct with someone less than 17 years old when the defendant is 21 years old or more, or
  • Engaging in oral sexual conduct or anal sexual conduct with someone without consent other than incapacity to consent due to being mentally disabled or incapacitated.
  • Engaging in oral sexual conduct or anal sexual conduct with someone less than 15 years old when the defendant is 18 years old or more, or
  • Engaging in oral sexual conduct or anal sexual conduct with someone incapable of consent due to being mentally disabled or incapacitated.

Engaging in oral sexual conduct or anal sexual contact with someone:

  • By forcible compulsion,
  • Incapable of consent due to being physically helpless,
  • Less than 11 years old, or
  • Less than 13 years old when the defendant is 18 years old or more.