In sexual assault of a child, which factor differentiates a second-degree offense from a third-degree offense?

• A. The victim age being 14 or younger
• B. Whether the offender caused serious personal injury to the victim
• C. The age of the offender
• D. The type of sexual act involved

Answer: (B)

The main idea is that the level of the offense depends on whether serious personal injury was caused during the act. If the offender inflicted serious personal injury on the child, the crime is classified as a second-degree offense; if such injury did not occur, it falls to a third-degree offense. This focus on the injury outcome explains why that factor is the distinguishing element between these two degrees. The other factors—victim’s age, offender’s age, or the specific type of sexual act—can affect other charges or enhancements, but they do not define the difference between a second- and third-degree offense in this context.