Rape laws in the United States

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Rape laws vary across the United States jurisdictions. However, rape is federally defined (even though individual state definitions may differ) for statistical purposes as:^[1]

Penetration, no matter how slight, of the vagina or anus with anybody part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Terminology[edit]

Laws use various terms to define aspects of instances of rape or sexual assault, including the acts themselves, the alleged perpetrator and the alleged victim, and whether they are or have been married to each other or someone else.

• Penetrative acts:
  • rape, or carnal knowledge (generally vaginal, sometimes also anal or oral)
  • sodomy, unnatural intercourse, or crime against nature (only anal, generally between two men, sometimes also a man to a ^{woman) [Note 1]}
  • sexual abuse (when an accuser was incapable of consenting due to age, or otherwise in an unequal power relation with the accused)
  • sexual assault (can also be non-penetrative)
  • sexual battery
  • sexual intercourse or (mis)conduct (generally vaginal, sometimes also oral and anal)
  • deviate sexual intercourse or (mis)conduct (only oral and anal, sometimes any form of sexual intercourse with animals)
  • infamous crime against nature (only oral and anal, and any form of sexual intercourse with animals; unclear whether it prohibits non-penetrative cunnilingus)
• Non-penetrative acts: indecent contact, sexual assault (can also be penetrative)
• Accused: accused, actor, author, defendant, (alleged) perpetrator, person, suspect
• Accuser: accuser, complainant, person, the other person, (alleged) victim
• Husband (male) or wife (female): spouse, spousal or marital (adjective)

Furthermore, each state or federal agency may define sexual consent differently, if they do so at all. Some may only define the circumstances in which a person is incapable of consenting and assume implied consent on a person in every other situation. They often require said person to resist any unwanted sexual advances, or that these advances only become criminal when the accused can be shown to have used some kind of force or coercion (which the accuser was incapable of resisting – though this is not always required) to commit the unwanted sexual advances upon the accuser. Other U.S. states and federal agencies afford each person voluntary, freely given or affirmative consent, which must first be obtained by someone else before being allowed to have sex with said person, and that this consent can be revoked at any time by said person.^[2]

Federal[edit]

Civilian[edit]

Federal law applies in federal areas and in cases of displacement between states:^[3]

Offense Article Mandatory Sentencing Sexual abuse18 U.S. Code § 2242Life without ^{parole [Note 2]} or any other term Aggravated sexual abuse by force or threat18 U.S. Code § 2241(a)Life without parole or any other term Aggravated sexual abuse by other means18 U.S. Code § 2241(b)Life without parole or any other term Aggravated sexual abuse with children18 U.S. Code § 2241(c)Life imprisonment without parole or any term not less than 30 years.

Military[edit]

The United States military has an offense of rape and another of sodomy.^[4] The Uniform Code of Military Justice (UCMJ) of the United States Armed Forces regards sex without consent as rape or sexual assault; it provides a definition of consent and examples of illegitimate inferrals of consent in § 920. Art. 120. "Rape and sexual assault generally" (g) 7 and 8.^[5]

Offense Article Mandatory sentencingRape10 U.S. Code § 920 – Art. 120(a)"as a court-martial may direct"^[Note 3] Forcible Sodomy10 U.S. Code § 925 – Art. 125(a)Life without parole or any other term.

District of Columbia[edit]

In the District of Columbia, "sexual act" means "sexual intercourse".^[6]

Offense Article Mandatory sentencing First Degree Sexual Abuse DC Code § 22–3002Up to 30 years (sentence can exceed 30 years if there are aggravating circumstances) or life without parole Second Degree Sexual Abuse DC Code § 22–3003Up to 20 years First Degree Child Sexual Abuse DC Code § 22–3008Up to 30 years (sentence can exceed 30 years if there are aggravating circumstances) or life without parole First degree sexual abuse of a secondary education student DC Code § 22–3009.03Up to 10 years First degree sexual abuse of a ward, patient, client, or prisoner DC Code § 22–3013Up to 10 years First degree sexual abuse of a patient or client DC Code § 22–3015Up to 10 years

States[edit]

Some U.S. states recognize penetrative sex without consent by the victim and without the use of force by the perpetrator as a crime (usually called 'rape'). Other states do not recognize this as a crime; their laws stipulate that the perpetrator must have used some kind of force or coercion (physical violence (that results in demonstrable physical injury), threats against the victim or a third party, or some other form of coercion) in order for such nonconsensual penetrative sex to amount to a crime.^[2] Similarly, some states recognize non-penetrative sex acts (contact such as fondling or touching a person's intimate parts, or exposure of a body or sexual activity) without consent by the victim and without the use of force by the perpetrator as a crime, while other states do not.^[2]

Alabama[edit]

Alabama divides its dispositions against forced sexual intercourse in sodomy and rape; in addition, the crime of "sexual torture" describes "rape by instrumentation".^[7][8]

Offense Article Mandatory Sentencing Rape in the first-degree AL Code § 13A-6-61Between 10 and 99 years, or life Rape in the second degree AL Code § 13A-6-62Between 2- and 20-years Sodomy in the first degree AL Code § 13A-6-63Between 10 and 99 years, or life Sodomy in the second degree AL Code § 13A-6-64Between 2- and 20-years Sexual torture AL Code § 13A-6-65.1Between 10 and 99 years, or life

Alaska[edit]

Offense Article Mandatory sentencing Sexual assault in the first degree AS §11.41.41099 years or less^{[Note 4]}Sexual assault in the second degree AS §11.41.42099 years or less Sexual assault in the third degree AS §11.41.42599 years or less Sexual assault in the fourth degree AS §11.41.4271 year or less Sexual abuse of a minor in the first degree AS §11.41.434Between 20 and 99 years Sexual abuse of a minor in the second degree AS §11.41.436Between 5 and 99 years Sexual abuse of a minor in the third degree AS §11.41.4385 years or less Sexual abuse of a minor in the fourth degree AS §11.41.4401 year or less

Arizona[edit]

Arizona sentencing laws make the prison term dependent on several factors such as the age of the victim or the criminal record of the offender.^[9]

Offense Article Mandatory sentencing Sexual conduct with a minor when victim under 15Ariz. Rev. Stat. Ann. §13-1405Between 13 and 27 years Sexual conduct with a minor when victim between 15 and 18Ariz. Rev. Stat. Ann. §13-1405Between 3- and 8.775-years Sexual conduct with a minor in all other cases Ariz. Rev. Stat. Ann. §13-1405Between 6 months and 2.5 years Unlawful sexual conduct by adult probation department employees or juvenile court employees when victim between 15 and 18Ariz. Rev. Stat. Ann. §13-1409Between 3 and 8.775 years Unlawful sexual conduct by adult probation department employees or juvenile court employees in all other cases Ariz. Rev. Stat. Ann. §13-1409Between 6 months and 2.5 years Unlawful sexual conduct by peace officers when victim under 15Ariz. Rev. Stat. Ann. §13-1412Between 13 and 27 years Unlawful sexual conduct by peace officers when victim between 15 and 18Ariz. Rev. Stat. Ann. §13-1412Between 3 and 8.775 years Unlawful sexual conduct by peace officers in all other cases Ariz. Rev. Stat. Ann. §13-1412Between 6 months and 2.5 years Unlawful sexual conduct in correctional facilities by employee when victim under 15Ariz. Rev. Stat. Ann. §13-1419Between 13 and 27 years Unlawful sexual conduct in correctional facilities by employee when victim between 15 and 18Ariz. Rev. Stat. Ann. §13-1419Between 3 and 8.775 years Unlawful sexual conduct in correctional facilities by employee in all other cases Ariz. Rev. Stat. Ann. §13-1419Between 6 months and 2.5 years

Arkansas[edit]

Source:^[10]

Offense Article Mandatory sentencingRape§5-14-103Life or between 10 and 40 years (minimum of 25 years if victim is under 14) Sexual assault in the first degree§5-14-124.

§5-14-124

Between 6 and 30 years Sexual assault in the second degree§5-14-125(B)(b)(1)Between 5 and 20 years Sexual assault in the second degree when victim under 14 and not married to the offender§5-14-125(B)(b)(2)Up to 6 years Sexual assault in the third degree§5-14-126Between 3 and 10 years Sexual assault in the fourth degree§5-14-127(a)(1)(A)Up to 6 years

California[edit]

California separates rape, sodomy and rape by instrumentation.^[11]

Offense Article Mandatory Sentencing Rape Cal. Penal Code §261, Cal. Penal Code §264(a)3-, 6- or 8-years Rape when victim under 14Cal. Penal Code §261, Cal. Penal Code §264(c)(1)9-, 11- or 13-years ape when victim between 14 and 18Cal. Penal Code §261, Cal. Penal Code §264(c)(2)7, 9 or 11 years Sex with a child under 10, and the defendant is 18 or older Cal. Penal Code 287(a)(b)15 years to life, 25 years to life, or life without the possibility of parole (depends on the aggravating factors) Rape of a spouse Cal. Penal Code §262, Cal. Penal Code §264(a)3-, 6- or 8-years Rape of a spouse when victim under 14Cal. Penal Code §262, Cal. Penal Code §264(c)(1)9-, 11- or 13-years Rape of a spouse when victim between 14 and 18Cal. Penal Code §262, Cal. Penal Code §264(c)(2)7-, 9- or 11-years Sodomy Cal. Penal Code §286Depends from the ^{circumstances [Note} 5] Oral copulation Cal. Penal Code §288aDepends from the ^{circumstances [Note} 6] Forcible Acts of Sexual Penetration Cal. Penal Code §289Depends from the circumstances^{[Note 7]}

All crimes listed here are also punishable by California’s “One-Strike Law”, Penal Code 667.61, which has a list of aggravating circumstances (such as a prior sex crime conviction, or the employment of torture during the crime), which if the aggravating circumstance is found true, increases the base term to a life sentence with parole eligibility depending on the age of the victim and the number of aggravating circumstances found true. (Although dependent on the facts of the case, parole eligibility will either be set at 15 years served, 25 years served, or in extreme cases life without the possibility of parole.)

As of October 2021, the spousal rape section was repealed by the Legislature. Spousal rape is now prosecuted the same as other rape charges.

Colorado[edit]

Sexual assault describes rape in the law of Colorado, and several factors make this crime, normally classified as class 3 felony, to be punished more harshly.^[12]

Offense Article Mandatory sentencing Sexual assault Colo. Rev. Stat. §18-3-402(2) Between 2 and 6 years, followed by 3 years of paroleSexual assault when violence is threatened or used or when victim drugged Colo. Rev. Stat. §18-3-402(3.5) Between 4 and 12 years, followed by 5 years of paroleSexual assault when victim suffers serious bodily injury or when offender armed or assisted by others Colo. Rev. Stat. §18-3-402(5) Between 8 and 24 years, followed by 5 years of parole.

Connecticut[edit]

Source:^[13]

Offense Article Mandatory Sentencing Sexual assault in the first-degree Conn. Gen. Stat. Ann. §53a-70Between 1 and 20 years Aggravated sexual assault in the first degree Conn. Gen. Stat. Ann. §53a-70aAt least 10 years Aggravated sexual assault in the first degree when victim under 16Conn. Gen. Stat. Ann. §53a-70aAt least 10 years Sexual assault in the second-degree Conn. Gen. Stat. Ann. §53a-71Between 1- and 10-years Sexual assault in the second degree when victim under 16Conn. Gen. Stat. Ann. §53a-71Between 1 and 20 years Sexual assault in the third-degree Conn. Gen. Stat. Ann. §53a-72aBetween 1- and 5-years Sexual assault in the third degree when victim under 16Conn. Gen. Stat. Ann. §53a-72aBetween 1 and 10 years

Delaware[edit]

In Delaware, rape is divided in four degrees.^[14]

Offense Article Mandatory Sentencing Rape in the fourth degree Del. Code Ann. tit. 11, § 770Up to 15 years Rape in the third-degree Del. Code Ann. tit. 11, § 771Between 2- and 25-years Rape in the second-degree Del. Code Ann. tit. 11, § 772Between 10- and 25-years Rape in the first-degree Del. Code Ann. tit. 11, § 773

• 15 years to life-with-or-without-parole
• Mandatory life-without-parole if:
  • The victim is under 16.
  • The victim becomes disabled due to the rape.
  • The defendant has previously been convicted of first- or second-degree rape.
  • There were three or more separate victims.

Florida[edit]

In Florida, rape is denominated "sexual battery." Of note, the offense of capital sexual battery cover cases where the offender is above 18 and the victim below 12.^[15]

Offense Article Mandatory Sentencing Statutory sexual battery Fla. Stat. § 794.011(8)(a) Up to 5 years Sexual battery FLA. Stat. § 794.011(2)(b), Fla. Stat. § 794.011(5)(b), Fla. Stat. § 794.011(5)(c)Up to 15 years Aggravated sexual battery Fla. Stat. § 794.011(2)(b), Fla. Stat. § 794.011(3), Fla. Stat. § 794.011(2)(b) Life without parole (For juveniles, a judge will set a maximum sentence of 40 years and they are eligible for review after serving 5/8 of that sentence) Capital sexual battery FLA. Stat. § 794.011(2)(a) ^{Death [Note 8]} or Life without parole (For juveniles, a judge will set a maximum sentence of 40 years and they are eligible for review after serving 5/8 of that sentence) Sodomy Fla. Stat. § 800.02Up to 60 ^{days [Note 1]}

Section 794.011 of the Florida Statutes defines "consent" as 'intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.' Any sexual act performed on a person without their freely given or affirmative consent is punishable as 'sexual battery' to various degrees (depending on the perpetrator's and victim's ages, and whether no, some, or potentially deadly physical force or coercion was used).^[16][17]

Georgia[edit]

In Georgia, the offense of rape is consolidated in only one offense, and a separate charge of sodomy has been defined.^[18]

Offense Article Mandatory Sentencing Rape Ga. Code Ann. § 16-6-1^{Death, [Note 8]} LWOP, life with parole, or any sentence not less than 25 years followed by lifetime probation Aggravated sodomy Ga. Code Ann. § 16-6-2(a)(2) Life or any term not less than 25 years followed by life probation Statutory rape Ga. Code Ann. § 16-6-3.

• If offender above 21 then between 10 and 20 years
• If victim between 14 and 16 and offender below 18 and no more than four years older than the victim, then it is a misdemeanor.
• Else, between 1 and 20 years

Hawaii[edit]

In Hawaii, the offense of sexual assault has been divided in three degrees.^[19]

Offense Article Mandatory Sentencing Sexual assault in the first-degree Haw. Rev. Stat. § 707-730Up to 20 years Sexual assault in the second-degree Haw. Rev. Stat. § 707-731Up to 10 years Sexual assault in the third-degree Haw. Rev. Stat. § 707-732Up to 5 years

Idaho[edit]

Idaho defines, besides classical rape, marital rape.^[20]

Offense Article Mandatory Sentencing Rape Idaho Code Ann. § 18-6101Any term of years greater than 1, or life Rape of spouse Idaho Code Ann. § 18-6107Life or not less than 1-year Infamous crime against nature Idaho Code Ann. § 18-6605Any term of years greater than five, or life

Illinois[edit]

In Illinois, the term of "criminal sexual assault" is used to describe what would be termed rape in the usual language.^[21]

Offense Article Mandatory Sentencing Criminal Sexual Assault Ch. 720 Ill. Comp. Stat. 5/11-1.20Between 4 and 15 ^{years [Note} 9] Aggravated Criminal Sexual Assault Ch. 720 Ill. Comp. Stat. 5/11-1.30Between 6 and 30 ^{years [Note} 10] Predatory Criminal Sexual Assault of a Child Ch. 720 Ill. Comp. Stat. 5/11-1.40Between 6 and 30 ^{years [Note 11]}

According to the 2012 Criminal Code of the Illinois Compiled Statutes, Section 720 ILCS 5/11-1.70, "consent" is 'a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent. A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.' However, the lack of consent is not sufficient to prosecute anyone for a sex crime (except in very specific cases in which the victim is deemed incapable of consenting, namely Section 11-1.20 (a)(2), Section 11-1.50.(a)(2), Section 11-9.2.(e), and Section 11-9.5.(c)), making Illinois' rape legislation coercion-based (Section 11-1.20 (a)(1)).^[22][23]

Indiana[edit]

In Indiana, there is only one separate disposition for the crime of rape, on which, if needed, are applied aggravating circumstances.^[24]

Offense Article Mandatory Sentencing Rape Ind. Code § 35-42-4-1Between 3 and 16 years Aggravated rape Ind. Code § 35-42-4-1(b)Between 20- and 40-years Child Seduction with sexual intercourse Ind. Code § 35-42-4-7(q)(2) Between 1 and 6 years

Iowa[edit]

In Iowa, there are three degrees of rape.^[25]

Offense Article Mandatory Sentencing Sexual Abuse in the First-Degree Iowa Code § 709.2Life without parole (parole eligibility if the defendant was a juvenile) Sexual Abuse in the Second-Degree Iowa Code § 709.3Up to 25 years Sexual Abuse in the Third-Degree Iowa Code § 709.4Up to 10 years.

Kansas[edit]

In addition to the different categories of statutory rape, there is one category of rape in Kansas.^[26]

Offense Article Mandatory Sentencing Rape KAN. STAT. ANN. § 21-5503^{Variable [Note} 12] Indecent Liberties with a Child KAN. STAT. ANN. 21-5506(a)Severity level 5, person felony Aggravated Indecent Liberties with a Child KAN. STAT. ANN. §§ 21-5503 et sequential ^{Variable [Note} 13] Criminal Sodomy KAN. STAT. ANN. § 21-5504^{Variable [Note 1][Note} 14] Aggravated Criminal Sodomy KAN. STAT. ANN. § 21-5504^{Variable [Note 14]}

Kentucky[edit]

The law in Kentucky separates rape and sodomy, both divided into three degrees.^[27]

Offense Article Mandatory Sentencing Rape in the First-Degree KY. REV. STAT. ANN. § 510.040Between 10 and 20 years Aggravated Rape in the First-Degree KY. REV. STAT. ANN. § 510.040Life or between 20- and 50-years Rape in the Second Degree. REV. STAT. ANN. § 510.050Between 5- and 10-years Rape in the Third-Degree KY. REV. STAT. ANN. § 510.060Between 1- and 5-years Sodomy in the First-Degree KY. REV. STAT. ANN. § 510.070Between 10 and 20 years Aggravated Sodomy in the First Degree KY. REV. STAT. ANN. § 510.070Life or between 20- and 50-years Sodomy in the Second-Degree KY. REV. STAT. ANN. § 510.080Between 5- and 10-years Sodomy in the Third-Degree KY. REV. STAT. ANN. § 510.090Between 1 and 5 years

Louisiana[edit]

Louisiana has divided the offense of rape into three degrees.^[28]

Its capital child rape status was overturned by the Supreme Court in Kennedy v. Louisiana.

Offense Article Mandatory Sentencing First Degree Rape LA. REV. STAT. ANN. § 14:42Life without parole (eligible for parole after 30 years if the defendant was under 18) First Degree Rape on child under 13LA. REV. STAT. ANN. § 14:42 D. (2)(a) ^{Death [Note 8]} or life without parole (eligible for parole after 30 years if the defendant was under 18) Second Degree Rape LA. REV. STAT. ANN. § 14:42.1Between 5 and 40 years Third Degree Rape LA. REV. STAT. ANN. § 14:43Up to 25 years

Maine[edit]

In Maine, rape is denominated "Gross Sexual Assault."^[29]

Offense Article Mandatory sentencing Gross Sexual Assault ME. REV. STAT. tit. 17A, § 253^{Variable [Note 15]}

Maryland[edit]

In Maryland, rape, divided into two degrees, is restricted to non-consented vaginal penetration while sexual offenses, divided in four degrees, include sexual acts in the two first degrees, here defined by any forced penetration.^[30]

Offense Article Mandatory Sentencing Rape in the First-Degree Md. Code Ann., Criminal Law § 3-303Life without parole or any other term (only an option if the defendant was under 18) Rape in the Second-Degree Md. Code Ann., Criminal Law § 3-304Up to 20 years Aggravated Rape in the Second Degree Md. Code Ann., Criminal Law § 3-304(c)(2) Life or any term not less than 15 years Sexual Offense in the First Degree Md. Code Ann., Criminal Law § 3-305Life or any other term Aggravated Sexual Offense in the First-Degree Md. Code Ann., Criminal Law § 3-305(d)(2)-(4) Life without parole or any other term (only an option if the defendant was under 18) Sexual Offense in the Second-Degree Md. Code Ann., Criminal Law § 3-306Up to 20 years Aggravated Sexual Offense in the Second-Degree Md. Code Ann., Criminal Law § 3-306(c)(2) Life or any term not less than 15 years

Massachusetts[edit]

Several different statutes define rape in Massachusetts.^[31]

Offense Article Mandatory Sentencing Rape MASS. GEN. LAWS. ANN. Ch. 265, § 22Life or any other ^{term [Note} 16] Rape of a Child MASS. GEN. LAWS. ANN. Ch. 265, § 22ALife or any other term Rape of a Child During Commission of Certain Offenses MASS. GEN. LAWS. ANN. Ch. 265, § 22BLife or any term not less than 15 years Rape of a Child by Previously Convicted Offenders MASS. GEN. LAWS. ANN. Ch. 265, § 22CLife or any term not less than 20 years Statutory Rape MASS. GEN. LAWS. ANN. Ch. 265, § 23Life or any other term Aggravated Statutory Rape of a Child MASS. GEN. LAWS. ANN. Ch. 265, § 23ALife or any term not less than 10 years Statutory Rape of a Child by Previously Convicted Offenders MASS. GEN. LAWS. ANN. Ch. 265, § 23BLife or any term not less than 15 years Crime against ^{nature [Note} 1] MASS. GEN. LAWS. ANN. Ch. 272, § 34Up to 20 years

Michigan[edit]

In Michigan, the offense of rape is contained into the offenses of Criminal Sexual Conduct.^[32]

Offense Article Mandatory Sentencing Crime against ^{nature [Note} 1] MICH. COMP. LAWS ANN. § 750.158Life or any other term Criminal Sexual Conduct in the First Degree MICH. COMP. LAWS ANN. § 750.520bLife or any other term Criminal Sexual Conduct in the Second-Degree MICH. COMP. LAWS ANN. § 750.520cUp to 15 years Criminal Sexual Conduct in the Third-Degree MICH. COMP. LAWS ANN. § 750.520dUp to 15 years Criminal Sexual Conduct in the Fourth Degree MICH. COMP. LAWS ANN. § 750.520eUp to 2 years

Minnesota[edit]

In Minnesota the offense is divided into five degrees, of which the first three cover rape.^[33]

Offense Article Mandatory Sentencing Criminal Sexual Conduct in the First-Degree Minn. Stat. § 609.342Up to 30 years Criminal Sexual Conduct in the Second-Degree Minn. Stat. § 609.343Up to 25 years Criminal Sexual Conduct in the Third-Degree Minn. Stat. § 609.344Up to 15 years

Until July 2019, in Minnesota sexual violence occurring between spouses at the time they cohabit or between unmarried partners could be prosecuted only if there was force or threat of thereof, due to exemptions created by Article 609.349 'Voluntary relationships'^[34] which stipulated that certain sexual offenses do not apply to spouses (unless they are separated), and neither do they apply to unmarried cohabitants. These are offenses that deal with situations where the lack of consent is due to the incapacity of consent of the victim, including where the victim was drugged by the perpetrator. These situations, which were excluded from prosecution, are where the victim was "mentally impaired, mentally incapacitated, or physically helpless". The term "mentally incapacitated" is defined as a person who "under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration". (see Article 609.341 for definitions).^[35] In 2019, these exemptions were repealed.^[36][37]

In 2021 the Minnesota Supreme Court ruled that people who drink alcohol or take drugs of their own free will before being sexually assaulted do not meet the Minnesota legislature’s definition of mentally incapacitated.^[38]

Mississippi[edit]

Several disparate statutes are appliable to the crime of rape.^[39]

Offense Article Mandatory Sentencing Rape by drugging Miss. Code Ann. § 97-3-65(4) Life or any other term Rape or Assault with Intent to Ravish Miss. Code Ann. § 97-3-71Life or any other term Sexual Battery Miss. Code Ann. § 97-3-95Up to 20 ^{years [Note} 17] Statutory Rape Miss. Code Ann. § 97-3-65Life or any other ^{term [Note} 18] Unnatural ^{Intercourse [Note} 1] Miss. Code Ann. § 97-29-59Up to 10 years

Missouri[edit]

In Missouri, both rape and statutory rape, along with sodomy, are divided into two degrees.^[40]

Offense Article Mandatory sentencing First Degree Rape Mo. Rev. Stat. § 566.030Life or any term not less than 5 years Second Degree Rape Mo. Rev. Stat. § 566.031Up to 7 years Statutory Rape in the First-Degree Mo. Rev. Stat. § 566.032Life or any sentence not less than 5 years Statutory Rape in the Second-Degree Mo. Rev. Stat. § 566.034Up to 7 years Sodomy in the First-Degree Mo. Rev. Stat. § 566.060Life or any term not less than 5 years Sodomy in the Second-Degree Mo. Rev. Stat. § 566.061Up to 7 years

Montana[edit]

In Montana rape is denominated Sexual Intercourse Without Consent.^[41]

Offense Article Mandatory Sentencing Sexual Intercourse Without Consent Mont. Code Anno. § 45-5-503Life or between 2 and 100 years Second conviction for sexual intercourse without consent when both accompanied by serious bodily injury Mont. Code Anno. § 45-5-503(3)(c) ^{Death [Note 8]} or Life without parole (eligible for parole after 30 years if the defendant was under 18)

Nebraska[edit]

In Nebraska the first degrees of several sex offenses cover cases of rape.^[42]

Offense Article Mandatory Sentencing Sexual Assault in the First Degree R.R.S. Neb. § 28-319Between 1- and 50-years Sexual Assault of a Child in the First Degree R.S.S. Neb. § 28-319.01Life or any term not less than 20 years Sexual Assault of an Inmate or Parolee in the First Degree R.R.S. Neb. § 28-322Up to 20 years

Nevada[edit]

In Nevada, the offense of rape is denominated Sexual Assault.^[43]

Offense Article Mandatory Sentencing Sexual Assault Nev. Rev. Stat. Ann. § 200.366Life with a minimum of 10 years Sexual Assault causing substantial bodily harm Nev. Rev. Stat. Ann. § 200.366(2)(a) Life without parole or life with a minimum of 15 years (only an option if the defendant was a juvenile) Sexual Assault when the victim is under the age of 16Nev. Rev. Stat. Ann. § 200.366(3)(a) Life with a minimum of 25 years Sexual Assault causing substantial bodily harm when the victim is under the age of 16Nev. Rev. Stat. Ann. § 200.366(3)(b) Life without parole (eligible for parole after 35 years if the defendant was under 18) Sexual Assault when the victim is under the age of 14Nev. Rev. Stat. Ann. § 200.366(3)(c) Life with a minimum of 35 years Statutory Sexual Seduction when offender above 21Nev. Rev. Stat. Ann. § 200.368(1) Between 1 and 10 years Statutory Sexual Seduction when offender under 21Nev. Rev. Stat. Ann. § 200.368(2)Up to 364 days

New Hampshire[edit]

In New Hampshire, rape is denominated Sexual Assault.^[44]

Offense Article Mandatory Sentencing Aggravated Felonious Sexual Assault RSA 632-A:2Between 10 and 20 years Felonious Sexual Assault RSA 632-A:3Between 1- and 7-years Sexual Assault RSA 632-A:4Up to 1 year.

New Jersey[edit]

In New Jersey, rape is covered as Aggravated Sexual Assault in the First ^{Degree. [45]}

Offense Article Mandatory Sentencing Aggravated Sexual Assault in the First Degree N.J.S.A. 2C:14-2(a)Life with at least 25 years served or a term of 25 years and less.

New Mexico[edit]

In New Mexico the offense of rape is punished as Criminal Sexual Penetration, itself divided in four degrees.^[46]

Offense Article Mandatory Sentencing Criminal Sexual Penetration in the First-Degree N.M. Stat. Ann. § 30-9-11(D)18 years Criminal Sexual Penetration in the Second-Degree N.M. Stat. Ann. § 30-9-11(E)15 years Criminal Sexual Penetration in the Third-Degree N.M. Stat. Ann. § 30-9-11(F)3 years Criminal Sexual Penetration in the Fourth Degree N.M. Stat. Ann. § 30-9-11(G)18 months

New York[edit]

In New York the crime of rape and Criminal Sexual Act are divided in three degrees; moreover, the offense of "Sexual Misconduct" describes any sexual act done without the victim's consent.^[47]

Offense Article Mandatory sentencing Sexual Misconduct N.Y. Penal Law § 130.20Up to 364 days Rape in the Third-Degree N.Y. Penal Law § 130.25Up to 4 years Rape in the Second-Degree N.Y. Penal Law § 130.30Between 2- and 7-years Rape in the First Degree N.Y. Penal Law § 130.35Between 5 and 25 years Criminal Sexual Act in the Third Degree N.Y. Penal Law § 130.40Up to 4 years Criminal Sexual Act in the Second Degree N.Y. Penal Law § 130.45Between 2- and 7-years Criminal Sexual Act in the First Degree N.Y. Penal Law § 130.50Between 5 and 25 years Aggravated Sexual Abuse in the Fourth Degree N.Y. Penal Law § 130.65-aUp to 4 years Aggravated Sexual Abuse in the Third Degree N.Y. Penal Law § 130.66Between 2 and 7 years Aggravated Sexual Abuse in the Second Degree N.Y. Penal Law § 130.67Between 3.5 and 15 years Aggravated Sexual Abuse in the First-Degree N.Y. Penal Law § 130.70Between 5 and 15 years.

Sexual offenses are defined as 'sexual [acts] committed without consent of the victim'. Lack of consent results from 4 possible causes: forcible compulsion, incapacity to consent, the victim not expressly or implicitly acquiescing (in sexual abuse and forcible touching cases), or expression of lack of consent (in sexual intercourse and sexual oral or anal conduct cases). Consent itself is not defined; Section 130.5 of the New York Penal Law only stipulates that a person who doesn't want to have sex needs to be clear enough in their words and acts, so that 'a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances'. This description doesn't make clear whether affirmative consent is required to have sex (or conversely, whether a lack of affirmative consent can result in a sexual offense), but both Section 130.25 Rape in the third degree (3) and Section 130.40 Criminal sexual act in the third degree (3) do provide this possibility in the form of catch-all clauses by stating that, whenever there is a 'lack of consent (...) by reason of some factor other than incapacity to consent', this is sufficient for the sexual act to amount to a crime.^[48][49]

North Carolina[edit]

In North Carolina, the offenses of Rape and Sexual Offense cover cases of forced penetration.^[50]

The Constitution of North Carolina ranks rape among the crimes which can be punished by death, although Kennedy v. Louisiana restricts the range of capital crimes to homicides and crimes against the State.^[51]

Offense Article Mandatory sentencing First Degree Forcible Rape N.C. Gen. Stat. Ann. § 14-27.21LWOP, life with parole or a prison term of at least 12 years (LWP and 12 years are only options if the defendant was under 18) Second Degree Forcible Rape N.C. Gen. Stat. Ann. § 14-27.22From 3 years and 8 months to 15 years and 2 months Statutory Rape of a Child by an Adult N.C. Gen. Stat. Ann. § 14-27.23LWOP, life with parole or a prison term of at least 25 years (LWP and 25 years are only options if the defendant was under 18)

After serving his sentence, the convict shall be under lifelong satellite-based monitoring.

First Degree Statutory Rape N.C. Gen. Stat. Ann. § 14-27.24LWOP, life with parole or a prison term of at least 25 years (LWP and 25 years are only options if the defendant was under 18)

After serving his sentence, the convict shall be under lifelong satellite-based monitoring.

Statutory Rape of a Person Who Is 15 Years of Age or Younger N.C. Gen. Stat. Ann. § 14-27.25LWOP, life with parole or a prison term of at least 12 years (LWP and 12 years are only options if the defendant was under 18) First Degree Forcible Sexual Offense N.C. Gen. Stat. Ann. § 14-27.26LWOP, life with parole or a prison term of at least 12 years (LWP and 12 years are only options if the defendant was under 18) Second Degree Forcible Sexual Offense N.C. Gen. Stat. Ann. § 14-27.27From 3 years and 8 months to 15 years and 2 months Statutory Sexual Offense of a Child by an Adult N.C. Gen. Stat. Ann. § 14-27.28LWOP, life with parole or a prison term of at least 25 years (LWP and 25 years are only options if the defendant was under 18)

After serving his sentence, the convict shall be under lifelong satellite-based monitoring.

First Degree Statutory Sexual Offense N.C. Gen. Stat. Ann. § 14-27.29LWOP, life with parole or a prison term of at least 25 years (LWP and 25 years are only options if the defendant was under 18)

After serving his sentence, the convict shall be under lifelong satellite-based monitoring.

Statutory Sexual Offense of a Person Who Is 15 Years of Age or Younger N.C. Gen. Stat. Ann. § 14-27.30LWOP, life with parole or a prison term of at least 12 years (LWP and 12 years are only options if the defendant was under 18)

North Dakota[edit]

In North Dakota, rape is defined as Gross Sexual Imposition, although several other crimes describe cases of statutory rape.^[52]

Offense Article Mandatory sentencing Gross Sexual Imposition when author at least 22 or when the victim suffered serious bodily injury N.D. Cent. Code Ann. § 12.1-20-03(3)(a) Life without parole, life or prison term at least 20 years followed with probation (only an option if the defendant was under 18) Gross Sexual Imposition N.D. Cent. Code Ann. § 12.1-20-03(3)(b) Up to 20 years Gross Sexual Imposition causing death N.D. Cent. Code Ann. § 12.1-20-03(4) Life without parole (eligible for parole after 30 years if defendant was under 18) Continuous Sexual Abuse of a Child when author above 22N.D. Cent. Code Ann. § 12.1-20-03.1Life without parole or any other term (only an option if the defendant was under 18) Continuous Sexual Abuse of a Child when author below 22N.D. Cent. Code Ann. § 12.1-20-03.1Up to 20 years Sexual Imposition N.D. Cent. Code Ann. § 12.1-20-04Up to 10 years Corruption or Solicitation of Minors when victim above 15N.D. Cent. Code Ann. § 12.1-20-05(1) Up to 1 year Corruption or Solicitation of Minors N.D. Cent. Code Ann. § 12.1-20-05(2) Up to 5 years Corruption or Solicitation of Minors when victim above 15 within 50 feet (15.24 meters) of a school N.D. Cent. Code Ann. § 12.1-20-05(3) Up to 5 years Corruption or Solicitation of Minors within 50 feet (15.24 meters) of a school N.D. Cent. Code Ann. § 12.1-20-05(3) Up to 10 years Sexual Abuse of Wards N.D. Cent. Code Ann. § 12.1-20-06Up to 5 years

Ohio[edit]

In Ohio, the offenses of Rape and Sexual Battery are relevant to this article.^[53]

Offense Article Mandatory Sentencing Rape Ohio Rev. Code Ann. § 2907.02Between 3- and 11-years Rape when victim drugged (after March 22, 2019) Ohio Rev. Code Ann. § 2907.02(A)(1)(a) Between 5- and 11-years Rape when victim is under the age of 13Ohio Rev. Code Ann. § 2907.02(A)(1)(b) Life with parole eligibility after 10 years Rape when the victim is under the age 10Ohio Rev. Code Ann. § 2907.02(A)(1)(b) Life with parole eligibility after 15 years Rape if the victim was under the age of 13 and the offender caused serious physical harm; or if the victim was age of 13 and the offender used force or a threat of force Ohio Rev. Code Ann. § 2907.02(A)(1)(b)Life with parole eligibility after 25 years or life without paroleSexual Battery Ohio Rev. Code Ann. § 2907.03Between 9 months and 5 years Sexual Battery when victim under 13Ohio Rev. Code Ann. § 2907.03Between 2 and 8 years

Oklahoma[edit]

Oklahoma divides the offense of rape in two degrees and enacted a capital version of the Jessica's Law.^[54]

Offense Article Mandatory Sentencing Rape in the First-Degree Okla. Stat. Ann. tit. 21, §§ 1114, 1112Death (if the offense resulted in the fatality^{), [Note 8]} Life without parole, life with parole, or any other term not less than 5 years Rape in the First Degree with priors Okla. Stat. Ann. tit. 21, §§ 1114, 1112Life without parole or life with parole Rape in the First Degree on victim under 14 after having been previously convicted for sex offenses against children Okla. Stat. Ann. tit. 21, §§ 1114, 1112^{Death [Note 8]} or life imprisonment Okla. Stat. Ann. tit. 21, § 1114; 1112Okla. Stat. Ann. tit. 21, §§ 1114; 1112Between 1- and 15-years Forcible Sodom Okla. Stat. Ann. tit. 21, § 888Up to 20 years Forcible Sodomy with two priors of sex offenses Okla. Stat. Ann. tit. 21, § 888Life without parole or life with parole Forcible Sodomy of victim under 14 after having been previously convicted for sex offenses against children Okla. Stat. Ann. tit. 21, § 888^{Death [Note 8]} or life imprisonment

Oregon[edit]

In Oregon, both rape and sodomy are divided in three degrees, and the crime of Unlawful Sexual Penetration is divided in two degrees.^[55]

Offense Article Mandatory Sentencing Rape in the Third Degree Or. Rev. Stat. § 163.355Up to 5 years Rape in the Second Degree Or. Rev. Stat. § 163.365Between 6 years and 3 months to 10 years Rape in the First Degree Or. Rev. Stat. § 163.375Between 8 years and 4 months to 20 years Sodomy in the Third Degree Or. Rev. Stat. § 163.385Up to 5 years Sodomy in the Second Degree Or. Rev. Stat. § 163.395Between 6 years and 3 months to 10 years Sodomy in the First Degree Or. Rev. Stat. § 163.405Between 8 years and 4 months to 20 years Unlawful Sexual Penetration in the Second Degree Or. Rev. Stat. § 163.408Between 6 years and 3 months to 10 years Unlawful Sexual Penetration in the First Degree Or. Rev. Stat. § 163.411Between 8 years and 4 months to 20 years

Pennsylvania[edit]

In Pennsylvania, the offenses of rape, involuntary deviate sexual intercourse and sexual assault cover what could be commonly called rape.^[56]

Offense Article Mandatory sentenceRape18 Pa. Cons. Stat. § 3121Up to 20 ^{years [Note} 19] Rape of a child less than 1318 Pa. Cons. Stat. § 3121(c)Up to 40 years Rape of a child less than 13 with serious bodily injury18 Pa. Cons. Stat. § 3121(d)Life without parole ((eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons or any other term Involuntary Deviate Sexual Intercourse18 Pa. Cons. Stat. § 3123Up to 20 years^{[Note 19]}Involuntary Deviate Sexual Intercourse of a child less than 1318 Pa. Cons. Stat. § 3123(c)Up to 40 years Involuntary Deviate Sexual Intercourse of a child less than 13 with serious bodily injury18 Pa. Cons. Stat. § 3123(d)Life without parole (eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons) or any other term Statutory Sexual Assault in the Second Degree18 Pa. Cons. Stat. § 3122.1(a)Up to 10 years Statutory Sexual Assault in the First Degree18 Pa. Cons. Stat. § 3122.1(b)Up to 20 years Institutional Sexual Assault

Sexual Assault by Sports Official, Volunteer, or Employee of Nonprofit Association

18 Pa. Cons. Stat. § 3124.2Up to 7 years Aggravated Indecent Assault18 Pa. Cons. Stat. § 3125(a)Up to 10 years Aggravated Indecent Assault of a Child under 1318 Pa. Cons. Stat. § 3125(b)Up to 20 years

In the Pennsylvania Consolidated Statutes, 'Section 3107. Resistance not required' stipulates that 'the alleged victim need not resist the actor in prosecutions under this chapter'. The Statutes do not define consent, but if an actor engages in sexual intercourse or deviate sexual intercourse, or aggravated indecent assault, with a complainant without the latter's consent, this makes the actor punishable under 'Section 3124.1. Sexual assault', or 'Section 3125. Aggravated indecent assault', respectively. Furthermore, mental disability can render a person incapable of consenting to sexual intercourse, deviate sexual intercourse, or aggravated indecent assault, thus making an actor who engages in these acts with a mentally disabled complainant punishable under 'Section 3121. Rape', 'Section 3123. Involuntary deviate sexual intercourse', or 'Section 3125. Aggravated indecent assault', respectively.^[57][58]

Rhode Island[edit]

In Rhode Island, the three degrees of Sexual Assault and the first degree of Child Molestation Sexual Assault are relevant to this article.^[59]

Offense Article Mandatory sentence Sexual Assault in the First Degree R.I. Gen. Laws § 11-37-2Life imprisonment or any term not less than 10 years Sexual Assault in the Second DegreeR.I. Gen. Laws § 11-37-4Between 3 and 15 yearsSexual Assault in the Third DegreeR.I. Gen. Laws § 11-37-6Up to 5 years First Degree Child Molestation Sexual AssaultR.I. Gen. Laws § 11-37-8.1Life imprisonment or any term not less than 25 years

South Carolina[edit]

South Carolina divides "criminal sexual conduct" in three degrees, along two categories of teacher-student sex and a special crime for spousal rape.^[60]

Offense Article Mandatory sentencing Spousal Sexual Battery S.C. Code Ann. § 16-3-615Up to 10 years Criminal Sexual Conduct in the First Degree S.C. Code Ann. § 16-3-652Up to 30 years Criminal Sexual Conduct in the Second Degree S.C. Code Ann. § 16-3-653Up to 20 years Criminal Sexual Conduct in the Third-Degree S.C. Code Ann. § 16-3-654Up to 10 years Felony Sexual Battery with a Student S.C. Code Ann. §§ 16-3-755(B), 16-3-755(D)Up to 5 years Misdemeanor Sexual Battery with a Student S.C. Code Ann. § 16-3-755(C)Up to 30 days

South Dakota[edit]

In South Dakota, there is four degrees to the crime of ^{rape. [61]}

Offense Article Mandatory Sentencing Rape in the First-Degree S.D. Codified Laws § 22-22-1(1) Life or any term not less than 15 years Rape in the Second-Degree S.D. Codified Laws § 22-22-1(2) Up to 50 years Rape in the Third-Degree S.D. Codified Laws § 22-22-1(3) & (4) Up to 25 years Rape in the Fourth Degree S.D. Codified Laws § 22-22-1(5) Up to 15 years

Tennessee[edit]

In Tennessee the law distinguishes between Rape and Aggravated Rape, along with some dispositions on statutory rape.^[62]

Offense Article Mandatory Sentencing Aggravated Rape of a Child Tenn. Code Ann. § 39-13-531 (a)Life without parole (after July 1, 2019) Child Rape Tenn. Code Ann. § 39-13-531 (b)Between 25 and 60 years Aggravated Rape Tenn. Code Ann. § 39-13-502Between 15- and 60-years Rape Tenn. Code Ann. § 39-13-503Between 8 and 30 years

Texas[edit]

In Texas, rape is described as Sexual Assault.^[63]

Offense Article Mandatory Sentencing Sexual Assault Tex. Penal Code Ann. § 22.011Between 2 and 20 years Aggravated Sexual Assault Tex. Penal Code Ann. § 22.021Between 5 and 99 years.

Section 22.011 (a) defines sexual assault as an actor performing various forms of sexual penetration of another person's body without that person's consent. Section 22.011 (b) implies that a person's consent is always present, except in 12 specified circumstances that render a person incapable of consenting, such as being forced or coerced with violence or threats by the actor (possibly because of the unequal power balance between the actor and the other person), unconscious or 'physically unable to resist', or having a 'mental disease or defect'. Although Subsection (b)(3) and (4) could be interpreted as requiring the other person to resist the sexual assault, in the 2016 Orgain v. State case the Second District Court of Appeals ruled that sexual assault is defined by the attacker's use of force or coercion, not by the victim's resistance.^[64] Texas sexual assault law is therefore coercion-based: the actor requires no freely given consent or affirmative consent from the other person, and the other person cannot freely revoke their implied permanent consent, unless they can satisfy one of the 12 specified circumstances. In other words: if the other person claims not to have wanted to have sex with the actor but cannot be demonstrated to have been incapable of consenting, and the actor cannot be demonstrated to have used some kind of force or coercion, it is not sexual assault under Texas state ^{law. [65]}

Utah[edit]

Utah has several laws regarding rape, rape by objects and statutory rape.^[66]

Offense Article Mandatory sentencing Unlawful Sexual Activity with a Minor Utah Code Ann. § 76-5-401Up to 5 years^{[Note 20]}Unlawful Sexual Conduct with a 16-or-17-Year-OldUtah Code Ann. § 76-5-401.2Up to 5 years^{[Note 21]}Rape Utah Code Ann. § 76-5-402Life or not less than 5 years Rape with bodily injuries, or when author already convicted of sex offenses when less than 18-years-oldUtah Code Ann. § 76-5-402Life or not less than 15 years Rape when author already convicted of sexual offense as an adult Utah Code Ann. § 76-5-402Life without parole Rape of a Child Utah Code Ann. §76-5-402.1Life or not less than 25 years Rape of a Child when victim seriously harmed or when author already convicted of a sexual offense as an adult Utah Code Ann. §76-5-402.1Life without parole

Vermont[edit]

In Vermont, rape is denominated Sexual Assault.^[67]

Offense Article Mandatory Sentencing Sexual Assault13 V.S.A. §§ 3252 & 3254Life or any term not less than 3 ^{years [Note} 22] Aggravated Sexual Assault13 V.S.A. § 3253Life or any term not less than 10 years Aggravated Sexual Assault of a Child13 V.S.A. § 3253(a)Life or any term not less than 25 years Sexual Exploitation of an Inmate13 V.S.A. § 3257Up to 5 years Sexual Exploitation of a Minor13 V.S.A. § 3258Up to 1 ^{year [Note 23]}

Virginia[edit]

In Virginia, there is a single offense of Rape along with Forcible Sodomy and various forms of Carnal Knowledge.^[68]

Offense Article Mandatory Sentencing Rape Va. Code Ann. § 18.2-61Life or any term not less than 5 ^{years [Note} 24] Carnal Knowledge of a Child Between 13 and 15 Years of Age Va. Code Ann. § 18.2-63^{Variable [Note} 25] Carnal Knowledge of an Inmate, Parolee, Probationer Va. Code Ann. § 18.2-64.2^{Variable [Note} 26] Forcible Sodomy Va. Code Ann. § 18.2-67.1Life or any term not less than 5 ^{years [Note 24]}

Washington[edit]

Green River College explanation of Washington state law on rape

In Washington, there is three degrees for the offenses of Rape and Rape of a Child, and two degrees for Sexual Misconduct with a Minor.^[69]

Offense Article Mandatory Sentencing Rape in the First-Degree Wash. Rev. Code § 9a.44.040Life or any term not less than 3 years Rape in the Second-Degree Wash. Rev. Code § 9a.44.050Life or any other term Rape in the Third-Degree Wash. Rev. Code. § 9A.44.060Up to 5 years Rape of a Child in the First-Degree Wash. Rev. Code. § 9A.44.073Life or any other term Rape of a Child in the Second-Degree Wash. Rev. Code. § 9A.44.076Life or any other term Rape of a Child in the Third-Degree Wash. Rev. Code. § 9A.44.079Up to 5 years Sexual Misconduct with a Minor in the First-Degree Wash. Rev. Code. § 9A.44.093Up to 5 years Sexual Misconduct with a Minor in the Second DegreeWash. Rev. Code. § 9A.44.096Up to 364 days

West Virginia[edit]

In West Virginia, the offense of rape, denominated as "Sexual Assault" and "Sexual Abuse" both divided in three degrees.^[70]

Offense Article Mandatory Sentencing Sexual Assault in the First-Degree W. Va. Code § 61-8B-3From 15 years to 35 ^{years [Note} 27] Sexual Assault in the Second Degree. W Va. Code § 61-8B-4From 10 years to 25 years Sexual Assault in the Third-Degree W. Va. Code § 61-8B-5From 1 year to 5 years Sexual Abuse in the First-Degree W. Va. Code § 61-8B-7From 1 years to 5 ^{years [Note} 28] Sexual Abuse in the Second-Degree W. Va. Code § 61-8B-8Maximum of 12 months Sexual Abuse in the Third-Degree W. Va. Code § 61-8B-9Maximum of 90 days

Wisconsin[edit]

In Wisconsin, main sex offenses, denominated Sexual Assault, are divided in four degrees, and the three first degrees cover cases of penetration.

Additional offenses cover cases of sexual exploitation on vulnerable persons.^[71]

Offense Article Mandatory sentencing Sexual Assault in the First-Degree Wis. Stat. § 940.225(1) Up to 60 years Sexual Assault in the Second-Degree Wis. Stat. § 940.225(2)Up to 40 years Sexual Assault in the Third-Degree Wis. Stat. § 940.225(3) Up to 10 years Sexual Assault of a Child in the First-Degree Wis. Stat. § 948.02Vary^{[Note 29]}Sexual Assault of a Child in the Second Degree Wis. Stat. § 948.02Up to 40 years Sexual Assault of a Child Placed in Substitute Care Wis. Stat. § 948.085Up to 40 years Sexual Assault of a Child by a School Staff Person or Person Who Works or Volunteers with Children Wis. Stat. § 948.095Up to 6 years Sexual Intercourse with a Child Age 16 or Older Wis. Stat. § 948.09Up to 9 months

Wyoming[edit]

In Wyoming, rape, denominated their Sexual Assault, is divided in three degrees, and statutory rape, denominated Sexual Abuse of a Minor, is divided in four degrees, the three first involving penetration.^[72]

Offense Article Mandatory Sentencing Sexual Assault in the First-Degree Wyo. Stat. Ann. § 6-2-302From 5 to 50 ^{years [Note} 30] Sexual Assault in the Second-Degree Wyo. Stat. Ann. § 6-2-303From 2 to 20 ^{years [Note} 31] Sexual Assault in the Third-Degree Wyo. Stat. Ann. § 6-2-304Up to 10 ^{years [Note} 31] Sexual abuse of a minor in the first degree Wyo. Stat. Ann. §§ 6-2-314Up to 50 ^{years [Note} 32] Sexual abuse of a minor in the second-degree Wyo. Stat. Ann. §§ 6-2-315Up to 20 years Sexual abuse of a minor in the third-degree Wyo. Stat. Ann. §§ 6-2-316Up to 15 years

Territory[edit]

American Samoa[edit]

The laws of American Samoa distinguished between rape, sexual assault, sodomy and deviate sexual assault.^[73]

Offense Article Mandatory Sentencing Rape A.S.C.A. 46.36045 to 15 ^{years [Note} 33] Sexual assault A.S.C.A. 46.3610Up to 7 ^{years [Note 34] Sodomy [Note} 1] A.S.C.A. 46.36115 to 15 ^{years [Note} 33] Deviate sexual assault A.S.C.A. 46.3612Up to 7 ^{years [Note 34]}

Guam[edit]

In Guam, the law distinguishes between four degrees of criminal sexual conduct, the three first involving ^{penetration. [74]}

Offense Article Mandatory Sentencing First Degree Criminal Sexual Conduct9 GCA Ch. 25, §25.15Life without parole, life with parole or at least 15 years Second Degree Criminal Sexual Conduct9 GCA Ch. 25, §25.205 to 20 years Third Degree Criminal Sexual Conduct9 GCA Ch. 25, §25.253 to 10 years

Northern Mariana Islands[edit]

In the Commonwealth of the Northern Mariana Islands, the offense of Sexual assault is divided in four degrees, of which the three first involve penetration.

Offense Article Mandatory Sentencing Sexual Assault in the First Degree6 CMC §130130 years or less Sexual Assault in the Second Degree6 CMC §13022 to 15 years Sexual Assault in the Third Degree6 CMC §13031 to 5 years

Puerto Rico[edit]

In Puerto Rico, there is only the crime of Sexual Assault (Aggression ^{sexual) [75]}

Offense Article Mandatory Sentencing Sexual Assault (Aggression sexual)33 L.P.R.A. § 519150 years or less

Virgin Islands[edit]

In the American Virgin Islands, the offense of rape is divided in three degrees, and a separate offense of Aggravated rape is further divided in two degrees.^[76]

Offense Article Mandatory Sentencing Aggravated Rape in the First Degree14 V.I.C. §1700Life or sentence of 15 years at ^{least [Note} 35] Aggravated Rape in the Second Degree14 V.I.C. §1700aLife or sentence of 10 years at ^{least [Note} 36] Rape in the First Degree14 V.I.C. §170110 to 30 years Rape in the Second Degree14 V.I.C. §170210 years or lessRape in the Third Degree14 V.I.C. §1703N/^{A [Note 37]}

Notes and references[edit]

Notes[edit]

References[edit]

External links[edit]

• "Public Policy & Action". RAINN. Retrieved 2017-06-26.

Categories: 

• United States law-related lists
• Rape in the United States