Statutes | Hopi Criminal Code Title III Chapter 10 ยง 3.10.2 | 2020
A. A person who engages in sexual contact with another person, without his or her consent, is guilty of a sexual assault, a serious offense. "Without consent" includes any of the following:
1. The victim is coerced by the immediate use or threatened use of force against a person or property.
2. The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For purposes of this subsection, "mental defect" means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another.
3. The victim is intentionally deceived as to the nature of the act.
4. The victim is intentionally deceived to erroneously believe that the person is the victims spouse.
B. A person who engages in sexual acts or oral sexual acts with another person, without his or her consent, is guilty of aggravated sexual assault, a dangerous offense.