Definition of Sexual Misconduct

The term “sexual misconduct“, means the involvement in any sexual act with another person without the acknowledged and informed consent, particularly when the other person is incapacitated by drugs, alcohol, mental deficiency, or other disability. Sexual misconduct specifically includes the following acts with another person which occur without the acknowledged and informed consent of the other person:

 

1. “Sexual contact” means any intentional touching of the genitals or anus of any person, or the breast of any female person, or any such intentional touching through the clothing;
2. “Aggravated sexual contact“, means any sexual act involving the genitals of one person and the mouth, tongue, hand or anus of another person, or the introduction of any foreign object into the genitals, anus, or other bodily orifice of the other person;
3. “Sexual intercourse“, means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.

Specifically excluded from this definition is the touching of another person for legitimate medical or safety purposes due to an emergency situation, which precludes consent, but for which consent could be reasonably presumed.