| | | P. The other person submits as a result of compulsion and | | the sexual contact includes penetration. Violation of | | this paragraph is a Class B crime; |
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| | | Q. The actor owns, operates or is an employee of an | | organization, program or residence that is operated, | | administered, licensed or funded by the Department of | | Behavioral and Developmental Services or the Department of | | Human Services and the other person, not the actor's | | spouse, receives services from the organization, program | | or residence and the organization, program or residence | | recognizes that other person as a person with mental | | retardation. It is an affirmative defense to prosecution | | under this paragraph that the actor receives services for | | mental retardation or is a person with mental retardation | | as defined in Title 34-B, section 5001, subsection 3. | Violation of this paragraph is a Class D B crime; |
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| | | R. The actor owns, operates or is an employee of an | | organization, program or residence that is operated, | | administered, licensed or funded by the Department of | | Behavioral and Developmental Services or the Department of | | Human Services and the other person, not the actor's | | spouse, receives services from the organization, program | | or residence and the organization, program or residence | | recognizes that other person as a person with mental | | retardation and the sexual contact includes penetration. | | It is an affirmative defense to prosecution under this | | paragraph that the actor receives services for mental | | retardation or is a person with mental retardation as | | defined in Title 34-B, section 5001, subsection 3. | Violation of this paragraph is a Class C B crime; |
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| | | S. The other person, not the actor's spouse, is in fact | | less than 18 years of age and is a student enrolled in a | | private or public elementary, secondary or special | | education school, facility or institution and the actor, | | who is at least 21 years of age, is a teacher, employee or | | other official in the school district, school union, | | educational unit, school, facility or institution in which | | the student is enrolled. Violation of this paragraph is a | Class E B crime; or |
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| | | T. The other person, not the actor's spouse, is in fact less | | than 18 years of age and is a student enrolled in a private or | | public elementary, secondary or special education school, | | facility or institution and the actor, who is at least 21 | | years of age, is a teacher, employee or other official in the | | school district, school union, educational unit, school, | | facility or institution in which the student |
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