13-1406. Sexual assault; classification;
increased punishment
A. A person commits sexual assault by intentionally or knowingly engaging
in sexual intercourse or oral sexual contact with any person without consent of such
person.
B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced
pursuant to this section and the person is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis except as specifically
authorized by section 31-233, subsection A or B until the sentence imposed by the court
has been served or commuted. If the victim is under fifteen years of age, sexual assault
is punishable pursuant to section 13-705. The presumptive term may be aggravated or
mitigated within the range under this section pursuant to section 13-701, subsections C,
D and E. If the sexual assault involved the intentional or knowing administration of
flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's
knowledge, the presumptive, minimum and maximum sentence for the offense shall be
increased by three years. The additional sentence imposed pursuant to this subsection is
in addition to any enhanced sentence that may be applicable. The term for a first offense
is as follows:
Minimum Presumptive Maximum
5.25 years 7 years 14 years
The term for a defendant who has one historical prior felony conviction is as follows:
Minimum Presumptive Maximum
7 years 10.5 years 21 years
The term for a defendant who has two or more historical prior felony convictions is as
follows:
Minimum Presumptive Maximum
14 years 15.75 years 28 years
C. The sentence imposed on a person for a sexual assault shall be consecutive to
any other sexual assault sentence imposed on the person at any time.
D. Notwithstanding section 13-703, section 13-704, section 13-705, section 13-706,
subsection A and section 13-708, subsection D, if the sexual assault involved the
intentional or knowing infliction of serious physical injury, the person may be sentenced
to life imprisonment and is not eligible for suspension of sentence, probation, pardon or
release from confinement on any basis except as specifically authorized by section
31-233, subsection A or B until at least twenty-five years have been served or the
sentence is commuted. If the person was at least eighteen years of age and the victim was
twelve years of age or younger, the person shall be sentenced pursuant to section 13-705.
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