Third Degree Criminal Sexual Conduct

(a)A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:

(1)that other person is at least fourteen

(14)years of age and under sixteen

(16)years of age;

(2)force or coercion is used to accomplish the sexual penetration; and

(3)the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless.

(b)Criminal sexual conduct in the third degree is a felony of the second degree except as provided in (c).

(c)Aggravated Third Degree Criminal Sexual Conduct. A person who is eighteen

(18)years of age or older, who commits criminal sexual conduct in the third degree pursuant to § 25.25(a)(1) of this Chapter against a victim who is at least

(14)years of age and under sixteen

(16)years of age, and where the act involved any of the following circumstances:

(1)the use of force or coercion;

(2)the actor is more than five

(5)years older than the victim;

(3)the actor occupies a position of authority or supervision over the victim; or CH. 25 SEXUAL OFFENSES

(4)the actor has a prior conviction for criminal sexual conduct, shall be guilty of a felony of the first degree and shall be sentenced to a term of confinement of not less than Twelve

(12)years and no more than twenty-five

(25)years. The term imposed shall not be suspended; nor shall probation be imposed in lieu of said term, as indicated in § 80.60 of Article 4, Chapter 80, Title 9 GCA; nor shall parole, work release, or educational programs outside the confines of prison be granted. The provisions of § 80.39.1, the Justice Safety Valve, shall not apply.

(d)Close-in-Age Mitigation. Notwithstanding subsection (c), if the victim is fourteen

(14)or fifteen

(15)and the offender was not more than

(4)years older than the victim, and the act was consensual as defined in § 25.10(a)(2), the offense shall remain a felony of the second degree, and the offender shall not be required to register under the Sex Offender Registration and Notification Act pursuant to § 89.01(d)(8).

(e)Any person previously convicted of criminal sexual conduct under § 25.25(a) subsequent to a first conviction of criminal sexual conduct under Guam law or a conviction of a sex offense from another jurisdiction that has an element that would constitute sexual contact or sexual penetration as defined in § 25.10 of this Chapter shall be sentenced to ten

(10)years imprisonment without the possibility of parole. Said term shall not be suspended; nor probation be imposed in lieu of said term, as indicated in § 80.60 of Article 4, Chapter 80, Title 9 GCA; nor shall parole, work release or educational programs outside the confines of prison be granted.