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View Diary: Texas state troopers accused of subjecting women to unconstitutional roadside body cavity search (204 comments)

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  •  it certainly is if there is penetration (6+ / 0-)

    TX law defining rape:
    "
    How is aggravated rape defined in Texas?
    Rape Questions
    Answers.com > Wiki Answers > Categories > Health > Sexual Health and Education > Rape

        Sexual Assault LawsFree Legal Information & Resources On Sexual Assault Law at FindLaw.www.findlaw.com/

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    Best Answer
    § 22.021. AGGRAVATED SEXUAL ASSAULT.

    (a) A person commits an offense:
    (1) if the person:
    (A) intentionally or knowingly:
    (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
    (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
    (iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
    (B) intentionally or knowingly:
    (i) causes the penetration of the anus or sexual organ of a child by any means;
    (ii) causes the penetration of the mouth of a child by the sexual organ of the actor;
    (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
    (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
    (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor;

    and
    (2) if:
    (A) the person:
    (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
    (ii) by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
    (iii) by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;
    (iv) uses or exhibits a deadly weapon in the course of the same criminal episode;
    (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
    (vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;
    (B) the victim is younger than 14 years of age;
    or
    (C) the victim is an elderly individual or a disabled individual."
    Quotation taken from WikiAnswers

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