The bill would amend certain conduct constituting the felony offense of sexual assault to establish that an act of sexual assault is without a person's consent if the actor knows or reasonably should know that the person is temporarily incapacitated or otherwise unable to resist the act, unaware that the sexual assault is occurring, has withdrawn consent to the act, or intoxicated by any substance such that the person is incapable of consenting to the act.
Expanding the conduct constituting an existing criminal offense may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
In fiscal year 2022, there were 1,147 individuals arrested, 121 individuals placed on community supervision, 84 individuals placed on juvenile community supervision, 162 individuals admitted into an adult state correctional facility, and 7 individuals admitted into a juvenile state correctional facility for certain sexual assault offenses.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.