1708

(a) A person who engages in sexual contact with a person—\n(1) when force or coercion is used to accomplish the sexual contact;\n(2) when the other person is under thirteen years of age;\n(3) when the other person is under sixteen years of age residing in the same household as the perpetrator, and force, intimidation or the perpetrator's position of authority over the victim is used to accomplish the sexual contact;\n(4) when the other person is threatened or placed in fear of imminent and serious bodily injury;\n(5) when the other person's ability to consent to or resist the contact has been substantially impaired by an intoxicating, narcotic or anesthetic agent; or\n(6) when the other person is unconscious or physically helpless, or that person's mental defect or incapacity is known to the perpetrator—is guilty of unlawful sexual contact and shall be imprisoned not more than 15 years.\n(b) Spousal consent shall be an affirmative defense in the event the persons are legally married pursuant to the provisions of title 16, chapter 1 of the Virgin Islands Code.