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A. The provisions of this chapter shall not apply to conduct between persons married to each other; provided, however, that for purposes of this chapter, persons living apart pursuant to a lawful order of a court of competent jurisdiction shall not be deemed to be married.

B. No prosecution may be instituted or maintained under this chapter unless the alleged offense was brought to the notice of public authority:

1. Within three months of its occurrence; or

2. Where the alleged victim was less than eighteen years of age or otherwise incompetent to make complaint, within three months after a parent, guardian, or other competent person specifically interested in the victim, other than the alleged offender, learned of the offense.

C. In any prosecution for unlawful sexual intercourse, or sodomy, any sexual penetration or, in the case of sodomy, any touching, however slight, is sufficient to constitute the offense. (Code 1975 § 13-547)