§ 11.407 Sexual assault.

(a) A person who has sexual contact with another person not his or her spouse, or causes such other person to have sexual contact with him or her, is guilty of sexual assault as a misdemeanor, if: (1) He or she knows that the conduct is offensive to the other person; or (2) He or she knows that the other person suffers from a mental disease or defect which renders him or her incapable of appraising the nature or his or her conduct; or (3) He or she knows that the other person is unaware that a sexual act is being committed; or (4) The other person is less than 10 years old; or (5) He or she has substantially impaired the other person's power to appraise or control his or her conduct, by administering or employing without the other's knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or (6) The other person is less than 16 years old and the actor is at least four years older than the other person; or (7) The other person is less than 21 years old and the actor is his or her guardian or otherwise responsible for general supervision of his or her welfare; or (8) The other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him or her. (b) Sexual contact is any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, or for the purpose of abusing, humiliating, harassing, or degrading the victim.