MARVIN MANDEL, Governor

1531

MEANINGS INDICATED.

(B)          "MENTALLY DEFECTIVE" MEANS A PERSON WHO
SUFFERS FROM A MENTAL DISORDER WHICH PERMANENTLY OR
TEMPORARILY RENDERS THE PERSON SUBSTANTIALLY INCAPABLE OF
APPRAISING THE NATURE OF HIS OR HER CONDUCT, OR RESISTING

[[AN ACT]] A SEXUAL ACT OR SEXUAL CONTACT, OR OF

COMMUNICATING UNWILLINGNESS TO SUBMIT TO [[AN ACT]] A
SEXUAL ACT OR SEXUAL CONTACT.

(C)         "MENTALLY INCAPACITATED" MEANS A PERSON WHO IS
RENDERED SUBSTANTIALLY INCAPABLE OF APPRAISING THE NATURE
OF [[THE PERSON'S]] HIS OR HER CONDUCT, OR RESISTING [[AN
ACT]] A SEXUAL ACT OR SEXUAL CONTACT OR OF COMMUNICATING
UNWILLINGNESS TO SUBMIT TO [[AN ACT OWING]] A SEXUAL ACT
OR SEXUAL CONTACT DUE TO THE INFLUENCE OF A DRUG,
NARCOTIC OR INTOXICATING SUBSTANCE [[ADMINISTERED TO THE
PERSON WITHOUT THE PERSON'S CONSENT OR AWARENESS OR OWING
TO ANY OTHER ACT COMMITTED UPON THE PERSON WITHOUT THE
PERSON'S CONSENT OR AWARENESS]], OR DUE TO ANY ACT
COMMITTED UPON THE PERSON WITHOUT THE PERSON'S CONSENT OR
AWARENESS.

(D)          "PHYSICALLY HELPLESS" MEANS A PERSON WHO IS
UNCONSCIOUS OR A PERSON WHO DOES NOT CONSENT TO [[AN
ACT]] A SEXUAL ACT OR SEXUAL CONTACT AND IS PHYSICALLY
UNABLE TO RESIST [[AN ACT]] A SEXUAL ACT OR SEXUAL
CONTACT OR COMMUNICATE UNWILLINGNESS TO SUBMIT TO [[AN
ACT]] A SEXUAL ACT OR SEXUAL CONTACT.

[[ (E) "SEXUAL ACT" MEANS SEXUAL INTERCOURSE,
CUNNILINGUS, FELLATIO OR ANAL INTERCOURSE. EMISSION OR
SEMEN IS NOT REQUIRED.

(F)         "SEXUAL CONTACT" MEANS THE INTENTIONAL

TOUCHING OF A PERSON'S ANAL OR GENITAL AREAS AND INCLUDES
THE INTRUSION, HOWEVER SLIGHT, BY ANY PART OF A PERSON'S
BODY OR OF ANY OBJECT INTO THE GENITAL OR ANAL OPENINGS
OF ANOTHER PERSON'S BODY. IT DOES NOT MEAN OR INCLUDE A
SEXUAL ACT AS DEFINED IN THIS SECTION.]]

(E)          "SEXUAL ACT" MEANS VAGINAL INTERCOURSE,
CUNNILINGUS, FELLATIO, OR ANAL INTERCOURSE, AND INCLUDES

ANY INTRUSION, HOWEVER SLIGHT BY ANY OBJECT INTO THE

GENITAL OR ANAL OPENING OF ANOTHER PERSON'S BODY IF THAT

INTRUSION CAN BE REASONABLY CONSTRUED AS BEING FOR THE

PURPOSES OF SEXUAL AROUSAL OR GRATIFICATION OR FOR ABUSE

OF EITHER PARTY. EMISSION OF SEMEN IS NOT REQUIRED.

PENETRATION, HOWEVER SLIGHT, IS SUFFICIENT FOR VAGINAL OR
ANAL INTERCOURSE. SEXUAL ACT DOES NOT MEAN OR INCLUDE AN
ACT FOR ACCEPTED MEDICAL PURPOSES.

(F)          "SEXUAL CONTACT" MEANS THE INTENTIONAL

TOUCHING OF ANY PART OF ANOTHER PERSON'S ANAL OR GENITAL

AREAS OR OTHER INTIMATE PARTS FOR THE PURPOSES OF SEXUAL
AROUSAL OR GRATIFICATION OR FOR ABUSE OF EITHER PARTY AND
INCLUDES THE INTRUSION, HOWEVER SLIGHT, BY ANY PART OF A
PERSON'S BODY [[OR OF ANY OBJECT]] INTO THE GENITAL OR