(1) As used in this chapter:(1) “Deviate sexual activity” means any act of sexual gratification involving:(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or(B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;(2) “Easement” means a surface easement for pedestrian, bicycle, and recreational use;(3) “Forcible compulsion” means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;(4) “Guardian” means a parent, stepparent, legal guardian, legal custodian, foster parent, or any person who by virtue of a living arrangement is placed in an apparent position of power or authority over a minor;(5) (A) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person:(i) Incapable of understanding the nature and consequences of a sexual act; or(ii) Unaware a sexual act is occurring.(B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;(6) “Mentally incapacitated” means that a person is temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of a controlled or intoxicating substance:(A) Administered to the person without the person's consent; or(B) That renders the person unaware a sexual act is occurring;(7) “Minor” means a person who is less than eighteen (18) years of age;(8) “Physically helpless” means that a person is:(A) Unconscious;(B) Physically unable to communicate a lack of consent; or(C) Rendered unaware a sexual act is occurring;(9) “Public place” means a publicly or privately owned place to which the public or a substantial number of people have access;(10) “Public view” means observable or likely to be observed by a person in a public place;(11) “Recording” includes without limitation an image or video;(12) “Sexual contact” means:(A) An act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; or(B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification;(13) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis;(14) “Sexually explicit conduct” means the same as defined in § 5-27-302; and(15) “State of nudity” means the same as defined in § 5-26-302.
(1) “Deviate sexual activity” means any act of sexual gratification involving:(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or(B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;
(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or
(B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;
(2) “Easement” means a surface easement for pedestrian, bicycle, and recreational use;
(3) “Forcible compulsion” means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;
(4) “Guardian” means a parent, stepparent, legal guardian, legal custodian, foster parent, or any person who by virtue of a living arrangement is placed in an apparent position of power or authority over a minor;
(5) (A) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person:(i) Incapable of understanding the nature and consequences of a sexual act; or(ii) Unaware a sexual act is occurring.(B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;
(A) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person:(i) Incapable of understanding the nature and consequences of a sexual act; or(ii) Unaware a sexual act is occurring.
(i) Incapable of understanding the nature and consequences of a sexual act; or
(ii) Unaware a sexual act is occurring.
(B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;
(6) “Mentally incapacitated” means that a person is temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of a controlled or intoxicating substance:(A) Administered to the person without the person's consent; or(B) That renders the person unaware a sexual act is occurring;
(A) Administered to the person without the person's consent; or
(B) That renders the person unaware a sexual act is occurring;
(7) “Minor” means a person who is less than eighteen (18) years of age;
(8) “Physically helpless” means that a person is:(A) Unconscious;(B) Physically unable to communicate a lack of consent; or(C) Rendered unaware a sexual act is occurring;
(A) Unconscious;
(B) Physically unable to communicate a lack of consent; or
(C) Rendered unaware a sexual act is occurring;
(9) “Public place” means a publicly or privately owned place to which the public or a substantial number of people have access;
(10) “Public view” means observable or likely to be observed by a person in a public place;
(11) “Recording” includes without limitation an image or video;
(12) “Sexual contact” means:(A) An act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; or(B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification;
(A) An act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; or
(B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification;
(13) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis;
(14) “Sexually explicit conduct” means the same as defined in § 5-27-302; and
(15) “State of nudity” means the same as defined in § 5-26-302.