8.1.1.450 Sexual Assault

(a) Any person who engages in a sexual act with another person, who is not his spouse, or compels the other person to participate in such act by force or by threatening or place the other person in fear that any person will imminently to subjected to death, serious bodily injury or kidnapping or has substantially impaired the ability of the other person to appraise or control conduct by administering or employing a drug or intoxicant or by other means, without the knowledge or against the will of such other person or the other person is in fact, less than twelve (12) years old, shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.

(b) Any person who engages in a sexual act with another person who is not his spouse and knows that the other person is incapable of understanding the nature of the conduct or knows that the other person is physically incapable of resisting or of declining consent to the sexual act or knows that the other person is unaware that a sexual act is being committed or knows that the other person participates because of a mistaken belief that the actor is married to the other person or compels the other person to participate by any threat by placing the other person in fear shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.

(c) As used in this Section, sexual act means conduct between human beings consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis or the mouth and the vulva; provided that contact involving the penis occurs upon penetration, however slight, and sexual contact means a touching of the sexual or other intimate parts of a person to arouse or gratify the sexual desire of any person.