13-1401. Definitions


In this chapter, unless the context otherwise requires:


1. "Oral sexual contact" means oral contact with the penis, vulva or anus.


2. "Sexual contact" means any direct or indirect touching, fondling or manipulating
of any part of the genitals, anus or female breast by any part of the body or by any
object or causing a person to engage in such contact.


3. "Sexual intercourse" means penetration into the penis, vulva or anus by any part
of the body or by any object or masturbatory contact with the penis or vulva.


4. "Spouse" means a person who is legally married and cohabiting.


5. "Without consent" includes any of the following:


(a) The victim is coerced by the immediate use or threatened use of force against a
person or property.


(b) The victim is incapable of consent by reason of mental disorder, mental defect,
drugs, alcohol, sleep or any other similar impairment of cognition and such condition is
known or should have reasonably been known to the defendant. For purposes of this
subdivision, "mental defect" means the victim is unable to comprehend the distinctively
sexual nature of the conduct or is incapable of understanding or exercising the right to
refuse to engage in the conduct with another.


(c) The victim is intentionally deceived as to the nature of the act.


(d) The victim is intentionally deceived to erroneously believe that the person is
the victim's spouse.