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| 1. A person is guilty of sexual abuse of a minor child | | molestation if: |
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| | | A. The person engages in a sexual act with another person, | | not the actor's spouse, who is either 14 or 15 years of age | | and the actor is at least 5 years older than the other | | person. Violation of this paragraph is a Class D crime; |
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| | | A-1. The person violates paragraph A and the actor knows | | that the other person is related to the actor within the 2nd | | degree of consanguinity. Violation of this paragraph is a | | Class C crime; |
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| | | A-2. The person violates paragraph A and the actor is at | | least 10 years older than the other person. Violation of | | this paragraph is a Class C crime; |
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| | | C. The person is at least 21 years of age and engages in a | | sexual act with another person, not the actor's spouse, who | | is either 16 or 17 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 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 crime; |
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| | | D. The person violates paragraph C and the actor knows that | | the student is related to the actor within the 2nd degree of | | consanguinity. Violation of this paragraph is a Class D | | crime; |
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| | | E. The person violates paragraph C and the actor is at | | least 10 years older than the student. Violation of this | | paragraph is a Class D crime; or |
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| | | F. The person intentionally subjects another person, not | | the actor's spouse, who is either 14 or 15 years of age to | | any sexual contact and the actor is at least 10 years older | | than the other person. Violation of this paragraph is a | | Class D crime. |
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| | | 2. It is a defense to a prosecution under subsection 1, | | paragraphs A, A-1, A-2 and F, that the actor reasonably believed | | the other person is at least 16 years of age. |
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| | | 4. As used in this section, "related to the actor within the | | 2nd degree of consanguinity" has the meaning set forth in section | | 556. |
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