This is the current legal code for sexual assault in the first degree, rape in the first degree, or whatever the local equivilent is for ten states plus the District of Columbia.
TITLE 13A. CRIMINAL CODE
CHAPTER 6. OFFENSES INVOLVING DANGER TO THE PERSON
ARTICLE 4. SEXUAL OFFENSES
Code of Ala. § 13A-6-61 (2005)
§ 13A-6-61. Rape; first degree
(a) A person commits the crime of rape in the first degree if:
(1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or
(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
(3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.
(b) Rape in the first degree is a Class A felony.
TITLE 13A. CRIMINAL CODE
CHAPTER 6. OFFENSES INVOLVING DANGER TO THE PERSON
ARTICLE 4. SEXUAL OFFENSES
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
Code of Ala. § 13A-6-63 (2005)
§ 13A-6-63. Sodomy; first degree
(a) A person commits the crime of sodomy in the first degree if:
(1) He engages in deviate sexual intercourse with another person by forcible compulsion; or
(2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
(3) He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old.
(b) Sodomy in the first degree is a Class A felony.
TITLE 11. CRIMINAL LAW
CHAPTER 41. OFFENSES AGAINST THE PERSON
ARTICLE 4. SEXUAL OFFENSES
Alaska Stat. § 11.41.410 (2005)
Sec. 11.41.410. Sexual assault in the first degree
(a) An offender commits the crime of sexual assault in the first degree if
(1) the offender engages in sexual penetration with another person without consent of that person;
(2) the offender attempts to engage in sexual penetration with another person without consent of that person and causes serious physical injury to that person;
(3) the offender engages in sexual penetration with another person
(A) who the offender knows is mentally incapable; and
(B) who is in the offender's care
(i) by authority of law; or
(ii) in a facility or program that is required by law to be licensed by the state; or
(4) the offender engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed and
(A) the offender is a health care worker; and
(B) the offense takes place during the course of professional treatment of the victim.
(b) Sexual assault in the first degree is an unclassified felony and is punishable
as provided in AS 12.55.
§ 13-1406. Sexual assault; classification; increased punishment
A. A person commits sexual assault by intentionally or knowingly engaging in
sexual intercourse or oral sexual contact with any person without consent of
such person.
B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced
pursuant to this section and the person is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis except as specifically
authorized by section 31-233, subsection A or B until the sentence imposed by
the court has been served or commuted. If the victim is under fifteen years
of age, sexual assault is punishable pursuant to section 13-604.01. The presumptive
term may be aggravated or mitigated within the range under this section pursuant
to section 13-702, subsections B, C and D. If the sexual assault involved the
intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate
or ketamine hydrochloride without the victim's knowledge, the presumptive, minimum
and maximum sentence for the offense shall be increased by three years. The
additional sentence imposed pursuant to this subsection is in addition to any
enhanced sentence that may be applicable. The term for a first offense is as
follows:
Minimum Presumptive Maximum
------- ----------- -------
5.25 years 7 years 14 years
The term for a defendant who has one historical prior felony conviction is as
follows:
Minimum Presumptive Maximum
------- ----------- -------
7 years 10.5 years 21 years
The term for a defendant who has two or more historical prior felony convictions
is as follows:
Minimum Presumptive Maximum
------- ----------- -------
14 years 15.75 years 28 years
C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time.
D. Notwithstanding sections 13-604 and 13-604.01, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-604.01, subsection A.
TITLE 5. CRIMINAL OFFENSES
SUBTITLE 2. OFFENSES AGAINST THE PERSON
CHAPTER 14. SEXUAL OFFENSES
SUBCHAPTER 1. GENERAL PROVISIONS
A.C.A. § 5-14-103 (2005)
§ 5-14-103. Rape
(a) (1) A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person:
(A) By forcible compulsion; or
(B) Who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; or
(C) (i) Who is less than fourteen (14) years of age.
(ii) It is an affirmative defense to prosecution under subdivision (a)(1)(C)(i) of this section that the actor was not more than three (3) years older than the victim; or
(D) (i) Who is less than eighteen (18) years of age, and the actor:
(a) Is the victim's guardian;
(b) Is the victim's uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;
(c) Is the victim's brother or sister of the whole or half blood or by adoption; or
(d) Is the victim's nephew, niece, or first cousin.
(ii) It is an affirmative defense to prosecution under subdivision (a)(1)(D)(i) of this section that the actor was not more than three (3) years older than the victim.
(2) It is no defense to prosecution under subdivisions (a)(1)(C) or (D) of this section that the victim consented to the conduct.
(3) Rape is a Class Y felony.
(b) (1) A court may issue a permanent no contact order when:
(A) A defendant pleads guilty or nolo contendere; or
(B) All the defendant's appeals have been exhausted and the defendant remains convicted.
(2) If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter such orders as are consistent with § 5-2-305.
PENAL CODE
PART 1. Crimes and Punishments
TITLE 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against
Public Decency and Good Morals
CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction
Cal Pen Code § 261 (2005)
§ 261. Rape; "Duress"; "Menace"
(a) Rape is an act of sexual intercourse accomplished with a person not the
spouse of the perpetrator, under any of the following circumstances:
(1) Where a person is incapable, because of a mental disorder or developmental
or physical disability, of giving legal consent, and this is known or reasonably
should be known to the person committing the act. Notwithstanding the existence
of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short
Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an element of the
crime, that a mental disorder or developmental or physical disability rendered
the alleged victim incapable of giving consent.
(2) Where it is accomplished against a person's will by means of force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on the person
or another.
(3) Where a person is prevented from resisting by any intoxicating or anesthetic
substance, or any controlled substance, and this condition was known, or reasonably
should have been known by the accused.
(4) Where a person is at the time unconscious of the nature of the act, and
this is known to the accused. As used in this paragraph, "unconscious of
the nature of the act" means incapable of resisting because the victim
meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics
of the act due to the perpetrator's fraud in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics
of the act due to the perpetrator's fraudulent representation that the sexual
penetration served a professional purpose when it served no professional purpose.
(5) Where a person submits under the belief that the person committing the act
is the victim's spouse, and this belief is induced by any artifice, pretense,
or concealment practiced by the accused, with intent to induce the belief.
(6) Where the act is accomplished against the victim's will by threatening to
retaliate in the future against the victim or any other person, and there is
a reasonable possibility that the perpetrator will execute the threat. As used
in this paragraph, "threatening to retaliate" means a threat to kidnap
or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.
(7) Where the act is accomplished against the victim's will by threatening to
use the authority of a public official to incarcerate, arrest, or deport the
victim or another, and the victim has a reasonable belief that the perpetrator
is a public official. As used in this paragraph, "public official"
means a person employed by a governmental agency who has the authority, as part
of that position, to incarcerate, arrest, or deport another. The perpetrator
does not actually have to be a public official.
(b) As used in this section, "duress" means a direct or implied threat
of force, violence, danger, or retribution sufficient to coerce a reasonable
person of ordinary susceptibilities to perform an act which otherwise would
not have been performed, or acquiesce in an act to which one otherwise would
not have submitted. The total circumstances, including the age of the victim,
and his or her relationship to the defendant, are factors to consider in appraising
the existence of duress.
(c) As used in this section, "menace" means any threat, declaration,
or act which shows an intention to inflict an injury upon another.
COLORADO REVISED STATUTES
*** THIS SECTION IS CURRENT THROUGH THE 2004 SUPPLEMENT (2004 SESSIONS) ***
TITLE 18. CRIMINAL CODE
ARTICLE 3. OFFENSES AGAINST THE PERSON
PART 4. UNLAWFUL SEXUAL BEHAVIOR
C.R.S. 18-3-402 (2004)
18-3-402. Sexual assault
(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or
(c) The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse; or
(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or
(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
(2) Sexual assault is a class 4 felony, except as provided in subsections (3), (3.5), (4), and (5) of this section.
(3) If committed under the circumstances of paragraph (e) of subsection (1) of this section, sexual assault is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).
(3.5) Sexual assault is a class 3 felony if committed under the circumstances described in paragraph (h) of subsection (1) of this section.
(4) Sexual assault is a class 3 felony if it is attended by any one or more of the following circumstances:
(a) The actor causes submission of the victim through the actual application of physical force or physical violence; or
(b) The actor causes submission of the victim by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone, and the victim believes that the actor has the present ability to execute these threats; or
(c) The actor causes submission of the victim by threatening to retaliate in the future against the victim, or any other person, and the victim reasonably believes that the actor will execute this threat. As used in this paragraph (c), "to retaliate" includes threats of kidnapping, death, serious bodily injury, or extreme pain; or
(d) The actor has substantially impaired the victim's power to appraise or control the victim's conduct by employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing submission.
(e) (Deleted by amendment, L. 2002, p. 1578, § 2, effective July 1, 2002.)
(5) (a) Sexual assault is a class 2 felony if any one or more of the following circumstances exist:
(I) In the commission of the sexual assault, the actor is physically aided or abetted by one or more other persons; or
(II) The victim suffers serious bodily injury; or
(III) The actor is armed with a deadly weapon or an article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause submission of the victim.
(b) (I) If a defendant is convicted of sexual assault pursuant to this subsection (5), the court shall sentence the defendant in accordance with section 18-1.3-401 (8) (e). A person convicted solely of sexual assault pursuant to this subsection (5) shall not be sentenced under the crime of violence provisions of section 18-1.3-406 (2). Any sentence for a conviction under this subsection (5) shall be consecutive to any sentence for a conviction for a crime of violence under section 18-1.3-406.
(II) The provisions of this paragraph (b) shall apply to offenses committed prior to November 1, 1998.
(6) Any person convicted of felony sexual assault committed on or after November 1, 1998, under any of the circumstances described in this section shall be sentenced in accordance with the provisions of part 10 of article 1.3 of this title.
TITLE 53a. PENAL CODE
CHAPTER 952 PENAL CODE: OFFENSES
PART VI SEX OFFENSES
Conn. Gen. Stat. § 53a-70a (2004)
§ 53a-70a. Aggravated sexual assault in the first degree: Class B or A felony.
(a) A person is guilty of aggravated sexual assault in the first degree when such person commits sexual assault in the first degree as provided in section 53a-70, and in the commission of such offense (1) such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a deadly weapon, (2) with intent to disfigure the victim seriously and permanently, or to destroy, amputate or disable permanently a member or organ of the victim's body, such person causes such injury to such victim, (3) under circumstances evincing an extreme indifference to human life such person recklessly engages in conduct which creates a risk of death to the victim, and thereby causes serious physical injury to such victim, or (4) such person is aided by two or more other persons actually present. No person shall be convicted of sexual assault in the first degree and aggravated sexual assault in the first degree upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Aggravated sexual assault in the first degree is a class B felony or, if the victim of the offense is under sixteen years of age, a class A felony. Any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court, except that, if such person committed sexual assault in the first degree by violating subdivision (1) of subsection (a) of section 53a-70, and the victim of the offense is under sixteen years of age, twenty years of the sentence imposed may not be suspended or reduced by the court. Any person found guilty under this section shall be sentenced to a period of special parole pursuant to subsection (b) of section 53a-28 of at least five years.
*** THIS DOCUMENT IS CURRENT THROUGH 75 DEL LAWS, CH 21 ***
*** ANNOTATIONS CURRENT THROUGH JANUARY 21, 2005 ***
TITLE 11. CRIMES AND CRIMINAL PROCEDURE
PART I. DELAWARE CRIMINAL CODE
CHAPTER 5. SPECIFIC OFFENSES
SUBCHAPTER II. OFFENSES AGAINST THE PERSON
SUBPART D. SEXUAL OFFENSES
11 Del. C. § 773 (2005)
§ 773. Rape in the first degree; class A felony
(a) A person is guilty of rape in the first degree when the person intentionally engages in sexual intercourse with another person and any of the following circumstances exist:
(1) The sexual intercourse occurs without the victim's consent and during the commission of the crime, or during the immediate flight following the commission of the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or
(2) The sexual intercourse occurs without the victim's consent and it was facilitated by or occurred during the course of the commission or attempted commission of:
a. Any felony; or
b. Any of the following misdemeanors: reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion; or criminal trespass in the first, second or third degree; or
(3) In the course of the commission of rape in the second, third or fourth degree, or while in the immediate flight therefrom, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or
(4) The sexual intercourse occurs without the victim's consent, and a principal-accomplice relationship within the meaning set forth in § 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or
(5) The victim has not yet reached his or her twelfth birthday, and the defendant has reached his or her eighteenth birthday; or
(6) The victim has not yet reached his or her sixteenth birthday and the defendant stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(b) Nothing contained in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
(c) Notwithstanding any law to the contrary, a person convicted of rape in the first degree shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:
(1) The victim had not yet reached his or her 16th birthday at the time of the offense and the person inflicts serious physical injury on the victim; or
(2) The person intentionally causes serious and prolonged disfigurement to the victim permanently, or intentionally destroys, amputates or permanently disables a member or organ of the victim's body; or
(3) The person is convicted of rape against 3 or more separate victims; or
(4) The person has previously been convicted of unlawful sexual intercourse
in the first degree, rape in the second degree or rape in the first degree,
or any equivalent offense under the laws of this State, any other state or the
United States.
Rape in the first degree is a class A felony.
*** CURRENT THROUGH D.C. LAW 16-1, EFFECTIVE MAY 14, 2005 ***
TITLE 22. CRIMINAL OFFENSES AND PENALTIES
SUBTITLE I. CRIMINAL OFFENSES
CHAPTER 30. SEXUAL ABUSE
SUBCHAPTER II. SEX OFFENSES
D.C. Code § 22-3002
§ 22-3002. First degree sexual abuse [Formerly § 22-4102]
(a) A person shall be imprisoned for any term of years or for life, and in addition, may be fined in an amount not to exceed $ 250,000, if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:
(1) By using force against that other person;
(2) By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;
(3) After rendering that other person unconscious; or
(4) After administering to that other person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.
(b) The court may impose a prison sentence in excess of 30 years only in accordance with § 22-3020 or § 24-403.01(b-2). For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), the offense defined by this section is a Class A felony.
*** THIS DOCUMENT IS CURRENT THROUGH APRIL 21, 2005 ***
TITLE 46. CRIMES (Chs. 775-896)
CHAPTER 794. SEXUAL BATTERY
Fla. Stat. § 794.011 (2005)
§ 794.011. Sexual battery
(1) As used in this chapter:
(a) "Consent" means 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.
(b) "Mentally defective" means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.
(c) "Mentally incapacitated" means temporarily incapable of appraising or controlling a person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.
(d) "Offender" means a person accused of a sexual offense in violation of a provision of this chapter.
(e) "Physically helpless" means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
(f) "Retaliation" includes, but is not limited to, threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, or extortion.
(g) "Serious personal injury" means great bodily harm or pain, permanent disability, or permanent disfigurement.
(h) "Sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.
(i) "Victim" means a person who has been the object of a sexual offense.
(j) "Physically incapacitated" means bodily impaired or handicapped and substantially limited in ability to resist or flee.
(2) (a) A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony, punishable as provided in ss. 775.082 and 921.141.
(b) A person less than 18 years of age who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(3) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(4) A person who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115:
(a) When the victim is physically helpless to resist.
(b) When the offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat.
(c) When the offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future.
(d) When the offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitates the victim.
(e) When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact.
(f) When the victim is physically incapacitated.
(g) When the offender is a law enforcement officer, correctional officer, or correctional probation officer as defined by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under the provisions of s. 943.1395 or is an elected official exempt from such certification by virtue of s. 943.253, or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government.
(5) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(6) The offense described in subsection (5) is included in any sexual battery offense charged under subsection (3) or subsection (4).
(7) A person who is convicted of committing a sexual battery on or after October 1, 1992, is not eligible for basic gain-time under s. 944.275. This subsection may be cited as the "Junny Rios-Martinez, Jr. Act of 1992."
(8) Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:
(a) Solicits that person to engage in any act which would constitute sexual battery under paragraph (1)(h) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery under paragraph (1)(h), or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony, punishable pursuant to subsection (2).
(9) For prosecution under paragraph (4)(g), acquiescence to a person reasonably believed by the victim to be in a position of authority or control does not constitute consent, and it is not a defense that the perpetrator was not actually in a position of control or authority if the circumstances were such as to lead the victim to reasonably believe that the person was in such a position.
(10) Any person who falsely accuses any person listed in paragraph (4)(g) or other person in a position of control or authority as an agent or employee of government of violating paragraph (4)(g) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
OREGON REVISED STATUTES
*** THIS DOCUMENT IS CURRENT THROUGH THE 2003 REGULAR SESSION OF THE 72ND LEGISLATIVE
ASSEMBLY ***
*** ANNOTATIONS CURRENT THROUGH MARCH 18, 2005 ***
TITLE 16. CRIMES AND PUNISHMENTS
CHAPTER 163. OFFENSES AGAINST PERSONS
SEXUAL OFFENSES
GO TO OREGON REVISED STATUTES ARCHIVE DIRECTORY
ORS § 163.375 (2003)
163.375. Rape in the first degree.
(1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if:
(a) The victim is subjected to forcible compulsion by the person;
(b) The victim is under 12 years of age;
(c) The victim is under 16 years of age and is the person's sibling, of the whole or half blood, the person's child or the person's spouse's child; or
(d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
(2) Rape in the first degree is a Class A felony.