40A101. Definitions
The definitions in this Section apply throughout this Chapter unless the context clearly requires otherwise.
(a) Intimate parts means the primary genital area, groin, inner thigh, buttock, or breast of a human being;
(b) Nonconsensual means the lack of a freely given present agreement to perform a particular sexual act with the respondent;
(c) Nonphysical contact includes, but is not limited to, telephone calls, mail, electronic mail, facsimile, mobile messaging, private messaging, direct messaging, and other written notes;
(d) Petitioner means any named petitioner for the sexual offense protection order or any named victim of nonconsensual sexual conduct or nonconsensual sexual penetration on whose behalf the petition is brought;
(e) Sexual offense protection order means an ex parte temporary order or a final order granted under this Chapter, which includes a remedy authorized by § 40A106 of this Chapter;
(f) Sexual contact means any of the following:
(1) Any intentional touching of the victim’s or respondent’s intimate parts or the intentional touching of the clothing covering the immediate area of the victim’s or respondent’s intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification; or
(2) any intentional display of the victim’s or respondent’s genitals, anus, or breasts for the purposes of sexual arousal or gratification;
(g) Sexual penetration means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, but emission of semen is not required.




