The crime of sexual assault as it applies to a child younger than 17 mirrors the adult sexual assault statute, except it removes the notion of consent. A person commits the offense of sexual assault against a child if he or she:
(1) causes the penetration of the anus or sexual organ of a child younger than 17 years of age by any means;
(2) causes the penetration of the mouth of a child younger than 17 years of age by the sexual organ of the actor;
(3) causes the sexual organ of a child younger than 17 years of age to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(4) causes the anus of a child younger than 17 years of age to contact the mouth, anus, or sexual organ of another person, including the actor; or
(5) causes the mouth of a child younger than 17 years of age to contact the anus or sexual organ of another person, including the actor.
As compared to sexual assaults involving adults, consent is absolutely and wholly irrelevant.
For teenagers, there is an affirmative defense to prosecution if the person was not more than three years older than the other person. For a more in depth explanation of the defense of age, click here.
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