DCC: Sex abuse / Homicides

Significant relationship

A parent, sibling, aunt, uncle or grandparent, whether related by blood, marriage, domestic partnership, or adoption; anyone more than 4 years older than the victim who resides in the same dwelling; anyone in charge of the health, welfare, or supervision of victim; any employee of a religious or educational institution

Sexual act

Sexual intercourse; penetration of anus or vulva by another penis or object; contact between mouth and penis/vulva/anus.

Sexual contact

Any touching with any clothed or unclothed body part or any object, either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks

Sex Acts in 1st degree (life)

Force or violence, weapon, assault, threat of serious bodily injury/kidnapping/death, rendering unconscious, administering drugs

Sex Acts in 2nd degree (20 years)

Threats to damage property or blackmail, incapable of consent, lack of mental capacity, administered drugs NOT by suspect

Sexual Contact in 3rd degree (10 years)

Force or violence, weapon, assault, threat of serious bodily injury/kidnapping/death, rendering unconscious, administering drugs

Sexual Contact in 4th degree (5 years)

Threats to damage property or blackmail, incapable of consent, lack of mental capacity, administered drugs NOT by suspect

1st degree child sex abuse (life)

Whoever being at least 4 years older than a child engages in a sexual act with a child or causes that child to engage in a sexual act

2nd degree child sex abuse (10 years)

Whoever being at least 4 years older than a child engages in sexual contact with a child or causes that child to engage in sexual contact

1st degree sexual abuse of a minor (15 years)

Whoever engages in a sexual act with a minor or causes that minor to engage in a sexual act

2nd degree sexual abuse of a minor (7.5 years)

Whoever engages in sexual contact with a minor or causes that minor to engage in sexual contact

Enticing a child

Whoever, being at least 4 years older than a child or having a significant relationship with a minor, takes that child to any place for the purpose of committing any sexual offenses

Misdemeanor sexual abuse

Whoever engages in sexual contact with another person and who should have knowledge or reason to know that the act was committed without the other person’s permission (no force, threats, fear of bodily injury was employed by suspect)

Misdemeanor sexual abuse of a child or minor

The suspect must be 18 years of age or older, and more than 4 years older than a child; OR 18 years of age or older and in a significant relationship with a minor; OR engages in sexually aggressive conduct with that child or minor

Defenses to sexual abuse

Consent is NOT a valid defense to 1st - 4th degree and misdemeanor sexual abuse; A suspect is NOT immune to prosecution due to marriage, cohabitation, or domestic partnership.

Defenses to child/minor sexual abuse

Mistake of age is NOT a valid defense to any child sexual abuse charge; It is not necessary to show that the defendant knew the child or minor’s age; Consent of the child or minor is not a valid defense; defendant has burden of proof

Homicide

The killing of a human being by another human being

Classifying deaths is the sole responsibility of?

The office of the chief medical examiner

Justifiable homicide

Defense of others

Excusable homicide

Defense of self

Felonious homicide

The wrongful killing of another human being by a human being or agent; or forcing another person to commit the act, at least 7 years of age, without justification or excuse (criminal homicide)

Murder in 1st degree

Purposeful killing. Whoever being of sound memory and discretion, kills another purposely, deliberately, premeditated.

Murder in the 2nd degree

Whoever with malice aforethought, kills another, is guilty of murder.

(A person intentionally kills someone, but without planning it beforehand)

Manslaughter

The unlawful killing of an individual with a lack of deliberation, premeditation, and malice. It may be involuntary and involve a lawful act, but lack due caution and circumspection.

Murder of a law-enforcement officer

Whoever, with deliberate and premeditated malice, and with knowledge or a reason to know that the victim is a law-enforcement officer, kills any law-enforcement officer or public safety employee, engaged in the performance of their duties, is guilty of murder of a law-enforcement officer, and shall be sentenced to life without the possibility of release