[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR11.407]



[Page 30-31]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents

 

                       Subpart D_Criminal Offenses

 

Sec.  11.407  Sexual assault.



    (a) A person who has sexual contact with another person not his or 

her spouse, or causes such other person to have sexual contact with him 

or her, is guilty of sexual assault as a misdemeanor, if:

    (1) He or she knows that the conduct is offensive to the other 

person; or

    (2) He or she knows that the other person suffers from a mental 

disease or defect which renders him or her incapable of appraising the 

nature or his or her conduct; or

    (3) He or she knows that the other person is unaware that a sexual 

act is being committed; or

    (4) The other person is less than 10 years old; or

    (5) He or she has substantially impaired the other person's power to 

appraise or control his or her conduct, by administering or employing 

without the other's knowledge drugs, intoxicants or other means for the 

purpose of preventing resistance; or

    (6) The other person is less than 16 years old and the actor is at 

least four years older than the other person; or

    (7) The other person is less than 21 years old and the actor is his 

or her guardian or otherwise responsible for general supervision of his 

or her welfare; or

    (8) The other person is in custody of law or detained in a hospital 

or other institution and the actor has supervisory or disciplinary 

authority over him or her.

    (b) Sexual contact is any touching of the sexual or other intimate 

parts of the person for the purpose of arousing or gratifying sexual 

desire, or for the



[[Page 31]]



purpose of abusing, humiliating, harassing, or degrading the victim.