Questions and Answers
What is the definition of 'sexual activity' in the context of lewd or lascivious offenses?
The oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object
What is the difference between 'lewd or lascivious battery' and 'lewd or lascivious molestation'?
The former involves touching in a lewd or lascivious manner, while the latter involves encouraging or forcing sexual activity
What is the minimum condition for a person to be guilty of lewd or lascivious exhibition in the presence of an elderly person or disabled person?
The person knows or reasonably should know that the elderly person or disabled person lacks the capacity to consent.
What is the punishment for committing lewd or lascivious battery upon an elderly person or disabled person?
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What is the requirement for consent in the context of lewd or lascivious offenses?
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What is the punishment for committing a lewd or lascivious exhibition in the presence of an elderly person or disabled person?
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What is an example of an act that constitutes 'lewd or lascivious battery'?
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What is an example of a lewd or lascivious act that does not involve actual physical or sexual contact?
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What is the purpose of the exemption for 'an act done for a bona fide medical purpose'?
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What is a condition for a person to be guilty of lewd or lascivious exhibition in the presence of an elderly person or disabled person?
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What is NOT an example of a lewd or lascivious act?
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What is the punishment for committing lewd or lascivious molestation of an elderly person or disabled person?
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What is the key element in determining whether an act constitutes 'lewd or lascivious battery' or 'lewd or lascivious molestation'?
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What is required for a person to be guilty of lewd or lascivious exhibition in the presence of an elderly person or disabled person?
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Study Notes
Lewd or Lascivious Offenses Against Elderly or Disabled Persons
- Sexual activity is defined as oral, anal, or vaginal penetration, or union with the sexual organ of another, or the anal or vaginal penetration of another by any other object, excluding acts done for a bona fide medical purpose.
Lewd or Lascivious Battery
- Lewd or lascivious battery occurs when a person encourages, forces, or entices an elderly or disabled person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity without consent.
- This offense is punishable as a felony of the second degree.
Lewd or Lascivious Molestation
- Lewd or lascivious molestation occurs when a person intentionally touches an elderly or disabled person in a lewd or lascivious manner without consent.
- This offense is punishable as a felony of the third degree.
Lewd or Lascivious Exhibition
- Lewd or lascivious exhibition occurs when a person intentionally commits a lewd or lascivious act in the presence of an elderly or disabled person without consent.
- Examples of such acts include intentional masturbation, exposing genitals, or simulating sexual activity.
- This offense is punishable as a felony of the third degree.
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