Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
TITLE
22
CRIMES
CHAPTER
22-19
22-19-7.1. Enticing away a
child--Misdemeanor--Subsequent violation felony.
No person may attempt, by any means, to take, allure, or
entice away a child under the age of sixteen for any illegal purpose. A
violation of this section is a Class 1 misdemeanor. Any subsequent violation is
a Class 6 felony.
SEX
OFFENSES
22-22-1. Rape defined--Degrees--Felony.
Rape is an act of sexual penetration accomplished
with any person under any of the following circumstances:
(1) If the victim is less than thirteen years
of age; or
(2) Through the use of force, coercion, or threats of
immediate and great bodily harm against the victim or other persons within the
victim's presence, accompanied by apparent power of execution; or
(3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or
(4) If the victim is incapable of giving consent
because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or
(5) If the victim is thirteen years of age, but less
than sixteen years of age, and the perpetrator is at least three years older than the victim.
A violation of subdivision (1) of this section is
rape in the first degree, which is a Class C felony. A violation of subdivision
(2) of this section is rape in the second degree which is a Class 1 felony. A
violation of subdivision (3) or (4) of this section is rape in the third
degree, which is a Class 2 felony. A violation of subdivision (5) of this
section is rape in the fourth degree, which is a Class 3 felony.
Notwithstanding § 23A-42-2 a charge brought
pursuant to this section may be commenced at any time prior to the time the
victim becomes age twenty-five or within seven years of the commission of the
crime, whichever is longer.
22-22-7.
Sexual contact with child under sixteen--Felony or misdemeanor.
Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the actor is less than three years older than the other person, the actor is guilty of a Class 1 misdemeanor. If an adult has a previous conviction for a felony violation of this section, any subsequent felony conviction for a violation under this section, is a Class 2 felony. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.
22-22-7.2.
Sexual contact with person incapable of consenting--Felony.
Any person, fifteen years of age or older, who knowingly engages in sexual contact with another person, other than his or her spouse if the other person is sixteen years of age or older and the other person is incapable, because of physical or mental incapacity, of consenting to sexual contact, is guilty of a Class 4 felony.
22-22-7.3 Sexual contact with child under sixteen
years of age--Violation as misdemeanor.
Any person, younger than sixteen years of age, who knowingly engages in sexual contact with another person, other than his or her spouse, if such other person is younger than sixteen years of age, is guilty of a Class 1 misdemeanor.
22-22-7.4. Sexual contact without consent with person
capable of consenting as misdemeanor.
No person fifteen years of age or older may knowingly engage in sexual contact with another person other than his or her spouse who, although capable of consenting, has not consented to such contact. A violation of this section is a Class 1 misdemeanor.
22-22-24.3. Sexual
exploitation of a minor--Felonies--Assessment.
A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that:
(1) Is harmful to minors;
(2) Involves nudity; or
(3) Is obscene.
Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.
A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony.
The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.
22-22-29. Sexual penetration by psychotherapist--Felony.
Any psychotherapist who knowingly engages in an act of sexual penetration, as defined in § 22-22-2, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time that the act of sexual penetration is committed, commits a Class 4 felony.
Consent by the patient is not a defense.
22-22-45. Threatening to commit a sexual
offense--Felony.
Any person who has been convicted of a felony sex offense as defined in § 22-24B-1 who directly threatens or communicates specific intent to commit further felony sex offenses is guilty of threatening to commit a sexual offense. Threatening to commit a sexual offense is a Class 4 felony.
CHAPTER 22-22A
22-22A-2. Incest--Prohibited sexual contact--Felony.
Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other:
(1) Who are not legally married; and
(2) Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6; are guilty of incest. Incest is a Class 5 felony.
22-22A-3. Aggravated incest--Prohibited
sexual contact--Felony.
Any person who knowingly engages in an act of sexual
penetration with a person who:
(1) Is at least sixteen but less than eighteen years
of age; and
(2) Is either:
(a) The child of the perpetrator or the child of a
spouse or former spouse of the perpetrator; or
(b) Related to the perpetrator within degrees of
consanguinity within which marriages are, by the laws of this state, declared
void pursuant to § 25-1-6; is guilty of aggravated incest. Aggravated
incest is a Class 3 felony.
OBSCENITY
AND PUBLIC INDECENCY
22-24-1.3. Indecent exposure involving a
child--Penalty.
If any person, eighteen years of age or older, with
the intent to arouse or gratify the sexual desire of any person, exposes his or
her genitals under circumstances in which that person knows that his or her
conduct is likely to annoy, offend, or alarm some child, thirteen years of age
or younger, that person is guilty of the crime of indecent exposure involving a
child. Indecent exposure involving a child is a Class 6 felony. A second or
subsequent conviction for indecent exposure involving a child is a Class 5
felony.
22-24A-5. Solicitation of a
minor--Felonies--Assessment.
A person is guilty of solicitation of a minor if the person eighteen years of age or older:
(1) Solicits a minor, or someone the person reasonably believes is a minor, to engage in a prohibited sexual act; or
(2) Knowingly compiles or transmits by means of a computer; or prints, publishes or reproduces by other computerized means; or buys, sells, receives, exchanges or disseminates, any notice, statement or advertisement of any minor's name, telephone number, place of residence, physical characteristics or other descriptive or identifying information for the purpose of soliciting a minor or someone the person reasonably believes is a minor to engage in a prohibited sexual act.
The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section does not constitute a defense to a prosecution under this section.
Consent to performing a prohibited sexual act by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.
A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation is a Class 5 felony.
The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.
TITLE
26
MINORS
CHAPTER
26-10
OFFENSES BY AND AGAINST MINORS
26-10-29.
"Childhood sexual abuse" defined.
As used in §§ 26-10-25 to 26-10-29, inclusive, childhood sexual abuse is any act committed by the defendant against the complainant who was less than eighteen years of age at the time of the act and which act would have been a violation of chapter 22-22 or prior laws of similar effect at the time the act was committed which act would have constituted a felony.
22-22-24.13. Statute of
limitations
TITLE
23A
CHAPTER
23A-42
LIMITATION
OF CRIMINAL PROSECUTIONS
23A-42-1.
No limitation on prosecution for Class A, Class B, or Class C felonies.
There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced.
23A-42-2.
Seven-year limitation on other prosecutions.
In all other prosecutions for a public offense and all proceedings of a quasi-criminal or penal nature, including the forfeiture of existing rights, the proceedings shall be commenced within seven years after the commission of the offense or crime which is the basis of the prosecution or proceedings, except as provided in § 23A-42-3
23A-42-5.
Tolling of limitation period while defendant out of state.
If when or after the offense is committed the defendant is out of the state, the indictment, information, or complaint may be filed within the period prescribed by §§ 23A-42-1 to 23A-42-3, inclusive, after his coming within the state, and no time during which the defendant is not an inhabitant within the state is part of the limitation.
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Revised
03/07