46.5103 Sexual offenses committed upon or in the presence of an elderly person or disable adult.

(a) As used in this section, “sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.
(b)(1) “Lewd assault upon an elderly person or disabled person” occurs when a person encourages, forces, or entices an elderly person or disabled person to engage in any act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent.
(2) A person who commits lewd assault upon an elderly person or disabled person commits a class B felony.
(c)(1) “Lewd molestation of an elderly person or disabled person” occurs when a person intentionally touches in a lewd manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of an elderly person or disabled person when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent.
(2) A person who commits the lewd molestation of an elderly person or disabled person commits a class C felony.
(d)(1) “Lewd exhibition in the presence of an elderly person or disabled person” occurs when a person, in the presence of an elderly person or disabled person:
(A) Intentionally masturbates;
(B) Intentionally exposes his or her genitals in a lewd manner; or
(C) Intentionally commits any other lewd act that does not involve actual physical or sexual contact with the elderly person or disabled person, including but not limited to, the simulation of any act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent to having such act committed in his or her presence.
(2) A person who commits lewd exhibition in the presence of an elderly person or disabled person commits a class C felony.
History: 2018, PL 35-17.