Section 5-14-125 - Sexual assault in the second degree(a) A person commits sexual assault in the second degree if the person: (1) Engages in sexual contact with another person by forcible compulsion;(2) Engages in sexual contact with another person who is incapable of consent because he or she is: (B) Mentally defective; or(C) Mentally incapacitated;(3) Being eighteen (18) years of age or older, engages in sexual contact with another person who is less than fourteen (14) years of age;(4)(A) Engages in sexual contact with a minor and the actor is: (i) Employed with the Division of Correction, the Division of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;(ii) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation, parole, or post-release supervision or for any other court-ordered reason;(iii) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or(iv) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor.(B) For purposes of subdivision (a)(4)(A) of this section, consent of the minor is not a defense to a prosecution;(5)(A) Being a minor, engages in sexual contact with another person who is:(i) Less than fourteen (14) years of age; and(ii) Not the person's spouse.(B) It is an affirmative defense to a prosecution under this subdivision (a)(5) that the actor was not more than:(i) Three (3) years older than the victim if the victim is less than twelve (12) years of age; or(ii) Four (4) years older than the victim if the victim is twelve (12) years of age or older; or(6) Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is: (A) A student enrolled in the public or private school; and(B) Less than twenty-one (21) years of age.(b)(1) Sexual assault in the second degree is a Class B felony.(2) Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: (A) Less than fourteen (14) years of age; and(B) Not the person's spouse.Amended by Act 2023, No. 659,§ 34, eff. 1/1/2024.Amended by Act 2021, No. 615,§ 1, eff. 7/28/2021.Amended by Act 2019, No. 910,§ 671, eff. 7/1/2019.Amended by Act 2017, No. 418,§ 3, eff. 8/1/2017.Amended by Act 2013, No. 1086,§ 2, eff. 8/16/2013.Acts 2001, No. 1738, § 3; 2003, No. 1323, § 1; 2003, No. 1720, § 2; 2009, No. 748, §§ 11-13; 2009, No. 758, § 3; 2011, No. 1129, § 1.