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For purposes of this chapter, the term “sexual abuse” includes where a parent or other caretaker employs, uses, persuades, induces, entices, or coerces a child to engage in, or assists another person to engage in, sexually explicit conduct or the rape, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children. The term also includes where a parent or caretaker fails to make reasonable efforts to protect the child from sexual abuse when the parent or caretaker knew or reasonably should have known that the child was in danger of sexual abuse.

(a) The term “sexually explicit conduct” includes, but is not limited to, actual or simulated:

(1) Sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or of opposite sex; sexual contact means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person;

(2) Bestiality;

(3) Masturbation;

(4) Lascivious exhibition of the genitals or pubic area of a person or animal; or

(5) Sadistic or masochistic abuse; or

(6) Exposure to pornographic materials for the purposes of sexual gratification of the parent, caretaker or another third party.

(b) The term “sexual exploitation” includes, but is not limited to:

(1) Knowingly permitting or encouraging a child to engage, in any way, in prostitution or live sexual performance, or to display his or her genitals for the sexual gratification of the parent, caretaker, or third person; or

(2) Knowingly permitting or encouraging a child to engage, in any way, in the production of pornographic material, including the visual depiction of the child engaged in sexually explicit conduct, whether for commercial or personal purposes.

(c) Commercial sexual exploitation means the sexual trafficking of a child as defined in subdivision (c) of California Penal Code § 236.1 and/or the provision of food, shelter, or payment to a child in exchange for the performance of any sexual act described in subdivision (c) of California Penal Code § 236.1.

(d) Sexual abuse may also be committed by a person under 18 years of age when that person is either three years or more older than the victim, when the victim is a mentally impaired child, or when the perpetrator is in a position of power or control over another child. [Ord. 46A § 1202, adopted, 3/24/2016.]