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Victim is under 16 and offender is at least four years older than victim and victim and offender are not married to each other. Criminal Sexual Abuse becomes Aggravated Criminal Sexual Abuse if: 1.Aggravated sexual assault is a crime of the first degree. (a) That other person is under 13 years of age. Spousal status is not a defense for sexual assault under section 13-1406. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony. (B) The person convicted of aggravated child molestation is 18 years of age or. Sexual contact with a victim who is at least 13 years old, but less than 16 years old. The offender is more than 2 years older than the victim. (B) The person convicted of aggravated child molestation is 18 years of age or.