SB 982 - Under current law, penalties for the offenses of first degree rape, first degree statutory rape, first degree sodomy, first degree statutory sodomy, first and second degree child molestation, and first and second degree sexual abuse are enhanced when certain factors can be proved. This act creates a definition of "aggravated sexual offense". An aggravated sexual offense is any sexual offense, in the course of which, the actor seriously injures the victim, displays a deadly weapon or dangerous instrument in a threatening manner, subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, has previously committed certain sex-related crimes, commits the offense as part of a ritual or ceremony, or engages in the act with a person the actor knows to be an ancestor or descendant by blood or adoption, stepchild, brother, sister, uncle, aunt, nephew, or niece.
Under this act, if an offense of first degree rape, first degree statutory rape, first degree sodomy, first degree statutory sodomy, child molestation, or sexual abuse meets the definition of an aggravated sexual offense, the penalty for the offense is increased.
Current law provides that child molestation in the second degree is a Class A misdemeanor. The offense is a Class D felony if the defendant has previously been convicted of a sexual offense, seriously injures the victim, displays a deadly weapon or dangerous instrument in a threatening manner, or commits the offense as part of a ritual or ceremony.
This act provides that child molestation in the second degree is a Class D felony. The offense is a Class C felony if it is an aggravated sexual offense.
Provisions of this act are identical to provisions of the truly agreed to and finally passed HCS/SS/SCS/SB 491 (2014).
MEGHAN LUECKE