EO 13447 Title 3--The President (11i) That the other person was substantially incapable of appraising the nature of the sexual contact; (iv) That the other person was substantially incapable of declining participation in the sexual contact; or (v) That the other person was substantially incapable of communicating unwillingness to engage in the sexual contact. (9) Abusive sexual contact with a child. (i) (a) That the accused engaged in sexual contact with (b) That the accused caused sexual contact with or by a child or by another person with a child; and (ii) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years. (10) Indecent liberty with a child. (a} That the accused committed a certain act or communlcatlon; (b) That the act or communication was indecent; (c) That the accused committed the act or communlcatlon in the physical presence of a certain child; (d) That the child was under 16 years of age; and (e) That the accused committed the act or communication with the intent to: (i) arouse, appeal to, or gratify the sexual desires of any person; or (li) abuse, humiliate, or degrade any person. (11) Indecent act. (a) That the accused engaged in certain conduct; and (b) That the conduct was indecent conduct. (12) Forcible pandering. 272
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