EO 13447 Title 3--The President {ii) That the accused did so by threatening or placing that other person in fear that any person would be subjected to bodily harm or other harm (other than by threatening or placing that other person in fear that any person would be sublected to death, grievous bodily harm, or kidnapping). (b) Aggravated sexual assault by causing bodily harm. (i) That the accused caused another person, who is of any age, to engage in a sexual act; and (il) That the accused did so by causing bodily harm to another person. (c) Aggravated sexual assault upon a person substantially incapacitated or substantially incapable of appraising the act, declining participation, or con\177unlcating unwillingness. (i) That the accused engaged in a sexual act with another person, who is of any age; and (Note: add one of the following elements) {ii) That the other person was substantially incapacitated; {lii) That the other person was substantially incapable of appraising the nature of the sexual act; (iv) That the other person was substantially incapable of declining participation in the sexual act; or (v) That the other person was substantially incapable of communicating unwillingness to engage in the sexual act. (4) Aggravated sexual assault of a child who has attained the age of 12 years but has not attained the age of 16 years. (a) That the accused engaged in a sexual act with a child; and (b) That at the time of the sexual act the child had attained the age of 12 yeazs but had not attained the age of 16 years. (5) Aggravated sexual contact. 266
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