§ 130.00 Sex offenses; definitions of terms.
The following definitions are applicable to this article:
1. "Sexual intercourse" has its ordinary meaning and occurs upon any
penetration, however slight.
2. (a) "Oral sexual conduct" means conduct between persons consisting
of contact between the mouth and the penis, the mouth and the anus, or
the mouth and the vulva or vagina.
(b) "Anal sexual conduct" means conduct between persons consisting of
contact between the penis and anus.
3. "Sexual contact" means any touching of the sexual or other intimate
parts of a person for the purpose of gratifying sexual desire of either
party. It includes the touching of the actor by the victim, as well as
the touching of the victim by the actor, whether directly or through
clothing, as well as the emission of ejaculate by the actor upon any
part of the victim, clothed or unclothed.
4. For the purposes of this article "married" means the existence of
the relationship between the actor and the victim as spouses which is
recognized by law at the time the actor commits an offense proscribed by
this article against the victim.
5. "Mentally disabled" means that a person suffers from a mental
disease or defect which renders him or her incapable of appraising the
nature of his or her conduct.
6. "Mentally incapacitated" means that a person is rendered
temporarily incapable of appraising or controlling his conduct owing to
the influence of a narcotic or intoxicating substance administered to
him without his consent, or to any other act committed upon him without
his consent.
7. "Physically helpless" means that a person is unconscious or for any
other reason is physically unable to communicate unwillingness to an
act.
8. "Forcible compulsion" means to compel by either:
a. use of physical force; or
b. a threat, express or implied, which places a person in fear of
immediate death or physical injury to himself, herself or another
person, or in fear that he, she or another person will immediately be
kidnapped.
9. "Foreign object" means any instrument or article which, when
inserted in the vagina, urethra, penis, rectum or anus, is capable of
causing physical injury.
10. "Sexual conduct" means sexual intercourse, oral sexual conduct,
anal sexual conduct, aggravated sexual contact, or sexual contact.
11. "Aggravated sexual contact" means inserting, other than for a
valid medical purpose, a foreign object in the vagina, urethra, penis,
rectum or anus of a child, thereby causing physical injury to such
child.
12. "Health care provider" means any person who is, or is required to
be, licensed or registered or holds himself or herself out to be
licensed or registered, or provides services as if he or she were
licensed or registered in the profession of medicine, chiropractic,
dentistry or podiatry under any of the following: article one hundred
thirty-one, one hundred thirty-two, one hundred thirty-three, or one
hundred forty-one of the education law.
13. "Mental health care provider" shall mean a licensed physician,
licensed psychologist, registered professional nurse, licensed clinical
social worker or a licensed master social worker under the supervision
of a physician, psychologist or licensed clinical social worker.
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