Which statement correctly describes the difference between 3rd and 4th degree sexual assault?

Which statement correctly describes the difference between 3rd and 4th degree sexual assault?

• A. 3rd includes intercourse w/o consent; 4th is restricted to sexual contact w/o consent
• B. 3rd requires consent; 4th includes intercourse w/o consent
• C. 3rd is restricted to sexual contact; 4th includes intercourse w/o consent
• D. 3rd and 4th degrees are the same

Answer: (A)

The difference between these two degrees is defined by the type of non-consensual act. Intercourse without consent is treated as a more serious offense than non-penetrative sexual contact, so it falls under the higher degree, while non-consensual sexual contact that does not involve intercourse is the lower degree. So, the statement that third-degree sexual assault involves non-consensual intercourse and fourth-degree sexual assault involves non-consensual sexual contact (without intercourse) correctly captures how the acts themselves determine the degree. Both require lack of consent, but the act of intercourse elevates the charge to a higher degree. The other options mix up what constitutes each degree or claim they’re the same, which doesn’t align with how the acts are categorized.

The difference between these two degrees is defined by the type of non-consensual act. Intercourse without consent is treated as a more serious offense than non-penetrative sexual contact, so it falls under the higher degree, while non-consensual sexual contact that does not involve intercourse is the lower degree.

So, the statement that third-degree sexual assault involves non-consensual intercourse and fourth-degree sexual assault involves non-consensual sexual contact (without intercourse) correctly captures how the acts themselves determine the degree. Both require lack of consent, but the act of intercourse elevates the charge to a higher degree.

The other options mix up what constitutes each degree or claim they’re the same, which doesn’t align with how the acts are categorized.