Changes to Existing Law

Any Except as provided below, it is a Class 3 felony for any person, sixteen years of age or older, who to knowingly engages engage in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony who is less than sixteen years of age. If the victim is at least thirteen years of age and the actor is less than five years older than the victim, the actor is guilty of a Class 1 misdemeanor. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced brought at any time before the victim becomes reaches the age of twenty- five or within seven years of the commission of the crime, whichever is longer.

As used in this chapter, the term, "sexual contact," means any touching, not amounting to rape, whether or not through clothing or other covering, of the breasts of a female or the genitalia or anus of any person with the intent to arouse or gratify the sexual desire of either party. Practitioners For the purpose of § 22-22-7, "sexual contact" also includes the touching of the buttocks or upper inner thighs of any person with the intent to arouse or gratify the sexual desire of either party. A practitioner of the healing arts lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are is not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause. 25