MARVIN MANDEL, Governor                                1533

(1)    BY FORCE OR THREAT OF FORCE AGAINST THE
WILL AND WITHOUT THE CONSENT OF THE OTHER PERSON; OR

(2)    AND IF THE PERSON KNOWS OR SHOULD KNOW
THE OTHER PERSON IS MENTALLY DEFECTIVE, MENTALLY
INCAPACITATED, OR PHYSICALLY HELPLESS[[. ]]; OR

(3)    UNDER 14 YEARS OF AGE WHICH AGE THE

PERSON PERFORMING THE SEXUAL ACT KNOWS OR SHOULD KNOW,

AND THE PERSON PERFORMING THE SEXUAL ACT IS 4 OR MORE
YEARS OLDER THAN THE OTHER PERSON.

(B) THE COMMISSION OF A SEXUAL OFFENSE IN THE
SECOND DEGREE IS A FELONY PUNISHABLE BY IMPRISONMENT UP
TO 20 YEARS.

464.

(A) A PERSON IS GUILTY OF A SEXUAL OFFENSE IN THE
THIRD DEGREE IF THE PERSON ENGAGES IN SEXUAL CONTACT
[[EITHER]]:

(1)    WITH ANOTHER PERSON AGAINST THE WILL AND
WITHOUT THE CONSENT OF THE OTHER PERSON AND:

(I) EMPLOYS OR DISPLAYS A DANGEROUS OR
DEADLY WEAPON OR AN ARTICLE WHICH THE OTHER PERSON
REASONABLY CONCLUDES IS A DANGEROUS OR DEADLY WEAPON; OR

[[ (II) INFLICTS SERIOUS PERSONAL
PHYSICAL INJURY UPON ANYONE ELSE OR UPON THE VICTIM IN
THE COURSE OF COMMITTING THE ACT; OR]]

(II) INFLICTS SEVERE PAIN, SUFFOCATION,
STRANGULATION, OR SERIOUS PHYSICAL INJURY UPON THE OTHER
PERSON OR UPON ANYONE ELSE IN THE COURSE OF COMMITTING
THE OFFENSE; OR

(III)  THREATENS OR PLACES THE VICTIM IN
FEAR THAT ANY PERSON IMMINENTLY WILL BE SUBJECTED TO
DEATH, [[SERIOUS PERSONAL PHYSICAL INJURY]] SEVERE PAIN,
SUFFOCATION, STRANGULATION, SERIOUS PHYSICAL INJURY, OR
KIDNAPPING; OR

(IV)   COMMITS THE OFFENSE [[IN
CONJUNCTION WITH OR]] AIDED AND ABETTED BY ONE OR MORE
OTHER PERSONS; [[OR]]

(2)    WITH ANOTHER PERSON WHO IS [[LESS THAN
14]] 12 YEARS    OLD OR UNDER AND THE PERSON PERFORMING THE
SEXUAL CONTACT    IS FOUR OR MORE YEARS OLDER THAN THE OTHER
PERSON; OR

[[(3) IF THE OTHER PERSON IS MENTALLY
DEFECTIVE, MENTALLY INCAPACITATED, OR PHYSICALLY
HELPLESS.]]

[[(B) A PERSON IS NOT GUILTY OF A SEXUAL OFFENSE IN