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39-13-505 - Sexual battery.

39-13-505. Sexual battery.

(a)  Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

     (1)  Force or coercion is used to accomplish the act;

     (2)  The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;

     (3)  The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or

     (4)  The sexual contact is accomplished by fraud.

(b)  As used in this section, “coercion” means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future.

(c)  Sexual battery is a Class E felony.

[Acts 1989, ch. 591, § 1; 1995, ch. 484, § 2; 1996, ch. 675, § 74; 1997, ch. 256, § 3; 1997, ch. 406, § 3; 2005, ch. 353, § 12.]  

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