Which circumstance differentiates second-degree from third-degree sexual assault of a child?

Which circumstance differentiates second-degree from third-degree sexual assault of a child?

• A. The victim age
• B. Whether serious personal injury occurred
• C. The type of sexual act
• D. The jurisdiction

Answer: (B)

The difference between these degrees hinges on the harm caused by the act. In this framework, second-degree sexual assault of a child covers acts of sexual contact with a child that do not result in serious personal injury. Third-degree sexual assault of a child, on the other hand, is reserved for acts that do cause serious personal injury to the victim. So the presence or absence of serious injury is what upgrades the offense to the higher degree. The victim’s age defines the offense as involving a child, but it doesn’t by itself set the degree. The specific act and the jurisdiction’s definitions matter, but within the same jurisdiction the key dividing line is whether serious personal injury occurred.

The difference between these degrees hinges on the harm caused by the act. In this framework, second-degree sexual assault of a child covers acts of sexual contact with a child that do not result in serious personal injury. Third-degree sexual assault of a child, on the other hand, is reserved for acts that do cause serious personal injury to the victim. So the presence or absence of serious injury is what upgrades the offense to the higher degree.

The victim’s age defines the offense as involving a child, but it doesn’t by itself set the degree. The specific act and the jurisdiction’s definitions matter, but within the same jurisdiction the key dividing line is whether serious personal injury occurred.