Which statement describes an element of Fourth Degree Sexual Assault?

• A. Sexual Contact Without Consent; Over or Under Clothing
• B. Sexual Intercourse Without Consent.
• C. Injury or Impairment.
• D. Class B Felony.

Answer: (A)

Fourth Degree Sexual Assault centers on nonconsensual sexual contact, not intercourse or injury. The essential element is that the offender touches another person in a sexual way without consent, and this contact can occur through clothing or directly on the skin. The lack of consent is the crucial factor, and the act does not require the victim to be harmed or injured. Intercourse would involve a different, more severe offense, and injury or impairment is not required for this degree. The statement that best fits is describing nonconsensual sexual contact, through or over clothing, as the core element.