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Any individual, who knowingly engages another person in a sexual act by force or by threatening, shall be guilty of aggravated sexual assault. A person is also guilty if such crimes if the victim is less than 13 years, or at least 13 but less than 16 and related to the offender by blood or affinity. The actor may also have a disciplinary or supervisory power over the victim by virtue of occupation or legal status. Anyone is guilty if the act is committed during commission of other crimes or was armed with an object fashioned in a manner to make the victim believe it was a weapon. An actor is also guilty if he was abetted by other persons in using physical force and also if the victim sustained personal injury as a result of use of force. The actor is guilty if he or she knew that the victim was mentally defective or physically helpless. These acts are felonies of first degree (Vecchio, 2008 p.55). Actors are guilty of sexual assault if there is sexual penetration and the victim is between 16 and 18 and related to actor by virtue of blood or affinity to the third degree. The actor is also guilty if he has supervisory power over the victim, when the victim is under parole or probation in an institution such as hospital, prison, e.t.c, and when penetration does not lead to personal injury. Sexual assault is a felony of the second degree.

Aggravated criminal sexual contact is a felony of the third degree. An actor is guilty of this crime if he or she engages in an act of criminal contact with a victim, who is less than 13 years, between 13 and 16 and related to actor by blood/affinity, is under supervisory role of actor, is mentally defective or physically helpless. These acts can also happen during commission of other crimes. Criminal sexual contact is a felony of the fourth degree. Actors are guilty if the victims are forced or threatened, under parole/probation in an institution, between 16 and 18 years and related to actor by blood or affinity, and between 13 and 16 years but at least four years younger than the actor (pg. 58).

Lewdness is a misdemeanor. It is a felony of the fourth degree. One is guilty of such crimes if he or she exposes intimate parts in order to cause arousal and gratification. The actor is guilty if such he or she exposes them when there is likeliness that they are being watched by a child or mentally defect persons who cannot understand the actor’s needs or sexual desires (Vecchio, 2008, p.59).

Kyle smith knowingly engages in an act that may cause mental anguish on the part of the victim. He is negligent about his actions because he has deviated from the standard way of conduct. As such, he should be charged for lewdness. He has violated public decency. If Kyle Smith performs the same actions with full knowledge of the presence of the three participants in the car, he is culpable of gross sexual misconduct. This is because he is aware of the likely effects his actions might cause on the minors. He defiantly ignores that his actions may cause serious mental anguish to the minors.           

Robert is culpable for an act of lewdness involving a child. This is because he recklessly engages in a sexual act in his house and thereby creating circumstances that may create affront or alarm. He is aware that minors may be within the house or may find their way in. He has not locked the door. This act is a misdemeanor and he is guilty of a felony of fourth degree. Furthermore, his daughter and her friend did not witness the situation. The situation is a bit different when Marsha finds Robert in a state of arousal. Robert in this case is guilty of engaging in sexual acts which were unintentionally witnessed by a minor but which offended her. He is culpable of lewdness (misdemeanor). However, the judge who will administer the punishment should consider whether Robert has a sexual offense record. If so, the punishment will be harsher, since public safety would be at stake (Fletcher, 1998).

Mrs. Del Marcho sunbathes topless and this makes her guilty of lewdness (misdemeanor). She intentionally engages in offenses against public order and decency. Her compound is not totally secluded from others people, who may not understand her needs. When Mrs. Del Marco sunbathes in the nude, she is also aware of the possibility that her neighbors might see her. She is culpable of lewdness (misdemeanor). Her actions violate public decency laws.

April is guilty of lewdness. Her exposure of the body is an offense against public health, safety, welfare, and morals. She is only allowed to be topless, and club customers should expect topless dancing only. The willful act of indecent public display makes her guilty. Further, touching her intimate parts is likely to cause arousal or gratification. This is a case of aggravated criminal sexual conduct (Coo12). Bubba MacNeil knowingly touches April’s private parts. He is guilty of criminal sexual contact (Vecchio, 2008).

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