Term

Definition (according to Criminal law § 3-301)

Mentally Defective 2 Individual

One who suffers from mental retardation or a mental disorder, which temporarily or permanently makes him or her incapable of understanding the nature of his or her conduct, or resisting or communicating unwillingness to engage in vaginal intercourse, a sexual act, or sexual contact.

Mentally Incapacitated Individual

One who is incapable of understanding the nature of his or her conduct or resisting vaginal intercourse, a sexual act, or sexual contact due to:

(1)     the influence of a drug, narcotic, or intoxicating substance; OR

(2)     an act committed on him or her that occurred without his or her consent or awareness.

Physically Helpless Individual

(1)     One who is unconscious OR

(2)     One who does not consent and is physically unable to resist or to communicate unwillingness to submit to vaginal intercourse, a sexual act or sexual contact.

Sexual Act

Any of the following, regardless of whether semen is emitted:

(1)     oral contact with the anus;

(2)     oral sex;

(3)     anal sex, including penetration of the anus;

(4)     an act in which an object penetrates one’s genital opening or anus; and

(5)     an act that can reasonably be construed to be for sexual arousal or gratification or the abuse of either person.

Sexual Act does NOT include vaginal intercourse or an act in which an object penetrates one’s genital opening or anus for an accepted medical purpose.

Sexual Contact

An intentional touching of any part of one’s anal or genital area or other intimate parts for the purpose of sexual arousal or gratification or for the abuse of either party and includes the penetration, however slight, by any part of the person’s body, other than penis, mouth or tongue into the genital or anal opening of another person’s body if that penetration can be reasonably construed as being for the purpose of sexual arousal or gratification or for the abuse of either party. 

Sexual contact does NOT include acts commonly expressive of familial/friendly affection or acts for accepted medical purposes.

Vaginal Intercourse

Genital copulation, regardless of whether semen is emitted, including penetration of the vagina.