The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated. Aggravated sexual assault is a crime of the first degree. An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.
Sexual assault is a crime of the second degree.
This act shall take effect immediately. The inclusion of this phrase is intended to clarify that in addition to parents, teachers, law enforcement officers, etc., this provision is intended to cover individuals with supervisory or disciplinary power in volunteer organizations. Violation of this provision would remain punishable as a crime of the second degree.