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Chapter 36 - Sexual Offenses

Chapter 36 - Sexual Offenses

46.3601 Definitions.


As used in this chapter:

(a) "Deviate sexual intercourse" means any sexual act involving the genitals of one person and the mouth, tongue, hand, or anus of another person.

(b) "Sexual contact" means any touching of the genitals or anus of any person, or the breast of any female person, or any such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person.

(c) "Sexual intercourse" means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.

46.3602 Determination of marriage.


Persons living together as man and wife are married for purposes of this chapter, regardless of the legal status of their relationship otherwise. Spouses living apart under a decree of judicial separation are not married to one another for purposes of this chapter.

46.3603 Mistake as to incapacity or age.


(a) Whenever in this chapter the criminality of conduct depends upon a victim's being in-capacitated, no crime is committed if the defendant reasonably believed that the victim consented to the act. The defendant has the burden of injecting the issue of belief as to capacity and consent.

(b) Whenever in this chapter the criminality of conduct depends upon a child's being under the age of 14, it is no defense that the defendant believed the child to be 14 years old or older.

46.3604 Rape.


(a) A person commits the crime of rape if:

(1) he has sexual intercourse with another person without that person's consent by the use of forcible compulsion; or

(2) he has sexual intercourse with another person who is 16 years of age or less.

(b) Rape is a class B felony unless in the course of it the actor inflicts serious physical injury on any person or displays a deadly weapon in a threatening manner, then rape is a class A felony.

46.3610 Sexual assault.


(a) A person commits the crime of sexual assault if he has sexual intercourse with another person who is incapacitated or 16 years of age or less.

(b) Sexual assault is a class C felony unless in the course of it the actor inflicts serious physical injury on any person or displays a deadly weapon in a threatening manner, then the crime is a class B felony.

46.3611 Sodomy.


(a) A person commits the crime of sodomy if:

(1) he has deviate sexual intercourse with another person without that person's consent or by the use of forcible compulsion; or

(2) he has deviate sexual intercourse with another person who is 16 years of age or less.

(b) Sodomy is a class B felony unless in the course of it the actor inflicts serious physical injury on any person or displays a deadly weapon, then sodomy is a class A felony.

46.3612 Deviate sexual assault.


(a) A person commits the crime of deviate sexual assault if he has deviate sexual intercourse with another person without consent or who is incapacitated or who is 16 years of age or less.

(b) Deviate sexual assault is a class C felony unless in the course of it the actor inflicts serious physical injury on any person or displays a deadly weapon in a threatening manner, then the crime is a class B felony.

46.3615 Sexual abuse in the first degree.


(a) A person commits the crime of sexual abuse in the first degree if:

(1) he subjects another person to sexual contact without that person's consent or by the use of forcible compulsion; or

(2) he subjects another person who is 16 years of age or less to sexual contact.

(b) Sexual abuse in the first degree is a class D felony unless in the course of it the actor inflicts serious physical harm on any person or displays a deadly weapon in a threatening manner, then the crime is a class C felony.

46.3616 Sexual abuse in the second degree.


(a) A person commits the crime of sexual abuse in the second degree if he subjects another person to sexual contact without that person's consent.

(b) Sexual abuse in the second degree is a class B misdemeanor unless in the course of it the actor displays a deadly weapon in a threatening manner, then the crime is a class A misdemeanor.

46.3617 Indecent exposure.


(a) A person commits the crime of indecent exposure if he knowingly exposes his genitals under the circumstances in which he knows that his conduct is likely to cause affront or alarm.

(b) Indecent exposure is a class A misdemeanor.

46.3618 Child molesting.


(a) Notwithstanding any other provision of this chapter, a person commits the crime of child molesting if he engages in sexual intercourse or deviate sexual intercourse with a minor of the age of 12 years or under.

(b) Child molesting is a class A felony, the sentence of imprisonment for which must include a prison term of at least 10 years. This prison term is served without probation or parole.

46.3619 Mandatory HIV testing for persons convicted of sexual offenses, or adjudicated as a juvenile offender.


(a) Where a person is convicted as an adult or adjudicated as a juvenile offender under 46.3604, 46.3610, 46.3611, 46.3612, 46.3615, 46.3616 or 46.3618, the court shall order the following:

(1) That as a condition of sentence, the defendant shall, within thirty days, undergo testing performed by the American Samoa Government department of health to determine whether the defendant has the acquired immune deficiency syndrome (AIDS), or its precursor, human immunodeficiency virus (HIV) in his or her body.

(b) That the results of such tests shall be submitted to the court and made available only to the victim and to the defendant.

(c) That upon the victim's request, the Office of the Attorney General shall provide the victim with referrals to the Department of Health and Department of Human Resources for counseling, health care, medical testing, and support services relating to the acquired immune deficiency syndrome (AIDS), or precursor, human immunodeficiency virus (HIV).