Sexual Activity: Sexual activity has the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C.2246(2) and 18 U.S.C. 2246(3). Sexual act means: a.Contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; b.Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; c.The penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or d.The intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; Sexual contact means: a. “The intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.”
Sexual Assault: Sexual penetration, no matter how slight, without consent and is further sub-defined by Rape and Statutory Rape
New York State does not specifically define sexual assault. However, according to the Federal Regulations, sexual assault includes offenses that meet the definitions of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.
Sexual Exploitation: When one takes non-consensual sexual advantage of another. Examples of sexual exploitation include but are not limited to: observing or recording others engaged in sexual or private activity without the consent of all involved; or taking intimate pictures of someone and then distributing the pictures to others without consent; acts of incest; engaging in sexual activity while knowingly infected with a sexually transmitted disease without informing the other person of the infection; or exposing one’s genitals in non-consensual circumstances.
Sexual Harassment: A form of sexual misconduct discussed in the Title IX/Sexual Misconduct section below.
Simple Assault : An unlawful physical attack by one person upon another here neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.
For the purpose of this definition: Course of conduct means two or more acts, including but not limited to, acts in which the stalker directly, indirectly or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. • Stalking in the Fourth Degree: When a person intentionally, and for not legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or (2) causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or (3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.
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