A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances:. The act is done by force or against the will of the other person, whether or not the other person is the person s spouse or is cohabiting with the person. The act is between persons who are not at the time cohabiting as husband and wife and if any of the following are true:. The other person is suffering from a mental defect or incapacity which precludes giving consent.
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Rape in the First, Second, and Third Degree
ORS - Sexual abuse in the third degree - Oregon Revised Statutes
Third degree sexual assault is a crime in which a person has sexual contact with another party without the victim's consent. In many places, there are varying degrees of sexual assault, with a first degree charge being the most serious. A third degree charge is less severe and may carry fewer or lighter penalties, but is still considered a serious type of crime. The actions that lead to a charge of third degree assault may vary from jurisdiction to jurisdiction. In many places, however, a person is guilty of third degree sexual assault if he has sexual intercourse or contact with a person without consent, but the circumstances of the crime do not translate into a first or second degree charge — sexual assault that does not involve the use of a deadly weapon, for example, may result in this lesser charge. Often, sexual assault results in a third degree charge when it does not involve the severe physical harm of the victim.
NY Penal Law § 130.65: Sexual Abuse in the First Degree
Third degree sexual abuse is less severe than second degree sexual abuse and first degree sexual abuse. These are the three types of sexual abuse offenses in the state of New York. This type of sexual abuse does not require the penis to penetrate the vagina which is requisite to sexual intercourse. Also, this type of sexual abuse does not involve oral or anal sex. Moreover, ejaculating onto someone else is considered a type of sexual contact.
Rape laws vary across the United States jurisdictions. However, rape is federally defined even though individual state definitions may differ for statistical purposes as: . Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. Federal law applies in Federal areas and in cases of displacement between States: .