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:

The term for a defendant who has one historical prior felony conviction is as follows:

The term for a defendant who has two or more historical prior felony convictions is as follows:

B. It is not a defense to a prosecution for a violation of this section that the other person consented if the other person was fifteen, sixteen or seventeen years of age and the defendant was in a position of trust.

C. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-705

POSSIBLE PUNISHMENT FOR SEXUAL ABUSE

If the Sexual Abuse victim is under fifteen (15) years of age, then it is classified as a class three (3) felony, and a Dangerous Crime Against a Child, with the following punishment: two and one half (2.5) years minimum in prison, five (5) years presumptive in prison, seven and one half (7.5) years maximum incarceration.

If the alleged Sexual Abuse victim is fifteen (15) years of age or older, then the crime is a class five (5) felony. On a first offense, punishment can be probation with no jail time up to one (1) year in jail, or prison of six (6) months to two and one half (2.5) years in custody.

A conviction will also require you to register as a Sex Offender for the rest of your life if the victim is under the age of eighteen (18). If convicted, you will not be allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your probation officer.

1. Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.

2. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.

B. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.

C. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

POSSIBLE PUNISHMENT FOR SEXUAL EXPLOITATION OF A MINOR OR CHILD PORNOGRAPHY

If the photographs include children who are fourteen (14) years of age or younger, it is designated as a Dangerous Crimes Against Children (DCAC) A first offense carries a mandatory minimum of (10) years in prison; seventeen (17) years is the presumptive sentence; twenty-four (24) years maximum incarceration. Because this is a DCAC, 100% of the prison time must be served before being eligible for release. In addition, if the person is convicted of two (2) counts, they must be run consecutive to each other (i.e., the minimum is now twenty (20) years in prison, and all other ranges double). A conviction will require you to register as a Sex Offender for the rest of your life, and you are not allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your Probation Officer.

If the child was ages fifteen – seventeen (15-17), it is not sentenced pursuant to the DCAC statute. A first offense class two (2) felony, carries punishment of probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.