PL 130.65-a Aggravated sexual abuse in the fourth degree Class E felony Link to CJI2d
§ 130.65-a Aggravated sexual abuse in the fourth degree.
  1. A person is guilty of aggravated sexual abuse in the fourth  degree
when:
  (a)  He  or she inserts a foreign object in the vagina, urethra, penis
or rectum of another person and the other person is incapable of consent
by reason of some factor other than being less than seventeen years old;
or
  (b) He or she inserts a finger in the vagina, urethra, penis or rectum
of another person causing physical injury to such person and such person
is incapable of consent by reason of some factor other than  being  less
than seventeen years old.
  2.  Conduct performed for a valid medical purpose does not violate the
provisions of this section.
  Aggravated sexual abuse in the fourth degree is a class E felony.

Effective 2/1/01.
Subdivision Elements Lesser included offenses
PL 130.65-a(1)(a)
  • inserts foreign object
  • in vagina, urethra, penis or rectum of another
  • without consent

LIO

PL 130.65-a(1)(b)
  • inserts finger
  • in vagina, urethra, penis or rectum of another
  • physical injury
  • without consent

LIO

Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences
offense by