A person who, in committing a sexual assault:
Penal Code
2015 English source edition · Current applicability not established.
English-language 2015 Ministry of Justice edition. Refworld catalogues this English expression as an unofficial translation; Eri Atlas has not independently verified the translation.
Article 304
Aggravated Sexual Assault · Preserved transcription; page attribution imported from the source collection. Verify against the original.
carries, uses or threatens to use a weapon or otherwise uses violence, intimidation or coercion or in any other way renders the victim incapable of resisting;
threatens to cause bodily injury to a person other than the person assaulted;
wounds, maims, disfigures or otherwise causes bodily injury to the assaulted person, or transmits a communicable human disease to the person assaulted or exposes him to the same, regardless whether such disease is treatable or is a public health problem, provided that if the person assaulted dies as a direct effect of the disease, the offender is guilty of murder, punishable under Article 275;
is fifteen or older and assaults a person under the age of fifteen;
abuses a position of trust, power or authority (pupil, apprentice, school boarder, domestic servant, adopted child, prisoner, patients);
endangers the life of the person assaulted or if the assaulted person, due to sadism of or transmission of diseases from the assailant, commits suicide from distress or despair;
is a party to the offence with any other person;
performs such act on an unconscious or deluded person or old people;
performs such act by misrepresentation; or
performs such act as a member of a group,
is guilty of aggravated sexual assault, a Class 8 serious offence, punishable with a definite term of imprisonment of not less than 3 years and not more than 5 years.