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Rape and Sexual Assault Crime Definitions

Last Updated: 2016-02-05
Arkansas Definition Crime Definition Statute
Rape

A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person:

  1. By forcible compulsion;
  2. The person (victim) is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated;
  3. The person (victim) is less than 14 years of age and the offender was at least three years of age older.   Consent is not a defense in this instance; or
  4. The person (victim) is a minor at least three years younger than the offender and the offender is the victim’s: (i) guardian; (ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption; (iii) Brother or sister of the whole or half blood or by adoption; or (iv) Nephew, niece, or first cousin.  Consent is not a defense in this instance.

§5-14-103

Sexual Assault in the First Degree

The offender engages in sexual intercourse or deviate sexual activity with a minor who is not the actor’s spouse and:

  • The offender is employed by the state or community Department of Correction, Department of Human Services, or any jail or detention facility and the victim is in the custody of the state or community Department of correction, the Department of Human Services, the jail or detention facility, or a contractor or agent of the those institutions;
  • The offender is a mandated reporter (§ 12-18-402(b)) and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity;
  • The offender is an employee in the victim’s school or school district, is a temporary caretaker, or a person in position of trust or authority over the victim, and the offender was more than 3 years older than the victim; or
  • The offender is a teacher, principal, athletic coach or counselor in a public or private school in kindergarten through grade 12 (K-12) and the offender engages in sexual intercourse or deviate sexual activity with a person who is not the offender’s spouse and the victim is:
  1. Less than 21 years of age; and
  2. A student enrolled in the public or private school employing the actor; and
  3. Is in a position of trust or authority over the victim and uses his or her position of trust or authority over the victim to engage in sexual intercourse or deviate sexual activity.

It is not a defense that the victim consented. 

§5-14-124

Sexual Assault in the Second Degree

A person can commit second degree sexual assault in 6 ways:

(1) The offender engages in sexual contact with another person by forcible compulsion;

(2) The offender engages in sexual contact with another person who is incapable of consent because he or she is: Physically helpless, or Mentally defective, or Mentally incapacitated;

(3) The offender engages in sexual contact with a person and the offender is 18 years of age or older and the person (victim) is less than 14 years of age and not the offender’s spouse;

(4) The offender engages in sexual contact with a minor and one of the following applies:

  • The offender is employed within the state or community Department of Correction or is employed at a jail or detention facility and the minor is in custody at the institution;
  • The offender is a mandated reporter (§ 12-18-402(b)) and is in a position of trust or authority over the victim-minor; or
  • The offender is the minor’s guardian, an employee at the minor’s school or school district, or is in a position of trust or authority over the minor;

Note: Consent is not a defense for this subsection (4).

(5) The offender engages in sexual contact with another person where the offender is a minor and the person (victim) is less than 14 years old and is not the offender’s spouse and either:

  • The victim, if under the age of 12, is more than three years younger than the offender; or
  • The victim, if 12 years of age or older, is more than four years younger than the offender; or

(6) The offender engages in sexual contact with another person and the offender is a teacher, principal, athletic coach, or counselor in a public school in a public (k-12) school and the person (victim) is a student enrolled in the school and is less than 21 years of age.

§5-14-125

Sexual Assault in the Third Degree

An offender commits sexual assault in the third degree if:

  1. The offender engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and:
    • (A) (i) The offender is employed with the state or community Department of Corrections, Department of Human Services, or any jail, and the victim is in the custody of a Department of Corrections, the Department of Human Services, or any jail; or (ii) The offender is employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail; OR
    • (B) (i) The offender is employed, contracted with, or providing services to an agency that maintains custody of inmates, juveniles, or detainees; and (ii) The victim is in the custody of a Department of Corrections, the Department of Human Services, or any jail; OR
    • (C) (i) The offender is a mandated reporter (§ 12-18-402(b)) or a member of the clergy and is in a position of trust or authority over the victim; and (ii) The offender uses the position of trust to engage in sexual intercourse or deviate sexual activity; OR
  2. The Offender engages in sexual intercourse or deviate sexual activity with another person and:
    • The person (victim) is less than 14 years old and the offender is a minor and at least three years of age older than the victim; and 
    • (b) The offender is not the victim's spouse. 
    • It is not a defense that the victim consented.

§5-14-126

Sexual Assault in the Fourth Degree

An offender commits sexual assault in the fourth degree if

  1. (A)The offender engages in sexual intercourse or deviate sexual activity with another person and
    • (i) the offender is 20 years of age or older; and 
    • (ii) the victim is less than 16 years of age and not the offender’s spouse, OR

(B) The offender engages in sexual contact with another person and:

    • (i) the offender is 20 years of age or older; and
    • (ii) the victim is less than 16 years of age and not the offender’s spouse; OR

2. The offender engages in sexual contact with another person and (A) The victim is not the offender’s spouse; and (B) The offender is employed with a Department of Corrections, the Department of Human Services, or any jail; and (C) The victim is in the custody of a Department of Corrections, the Department of Human Services, or any jail.

§5-14-127

Statutory Rape
  • 5-14-126

An offender commits sexual assault in the third degree if the offender engages in sexual intercourse or deviate sexual activity with another person and:

  1. The person (victim) is less than 14 years old and the offender is a minor and at least three years of age older than the victim; and
  2. The offender is not the victim's spouse
  • 5-14-127

An offender commits sexual assault in the fourth degree if either:

  1. The offender engages in sexual intercourse or deviate sexual activity with another person and:
    • The offender is 20 years of age or older; and
    • The victim is less than 16 years of age and not the offender’s spouse.
  2.  The offender engages in sexual contact with another person and:
    • The offender is 20 years of age or older; and
    • The victim is less than 16 years of age and not the offender’s spouse.

Note: For age dependent violations above, the defendant is able to claim that s/he reasonably believed the person to be above the applicable age threshold unless the defendant is over 20 years of age and the other person is under 14. (§5-14-102).  Therefore, strict liability only applies to those above the age of 20 years of age who engage in sexual acts with minors under the age of 14.

§5-14-126 ; §5-14-127

Sodomy

Arkansas does not prohibit sodomy between consenting adults.

Any state laws that outright prohibit sodomy are unconstitutional under the Supreme Court's decision in Lawrence v. Texas.

N/A






Alabama Definition Crime Definition Statute
Rape in the First Degree

Sexual intercourse with a member of the opposite sex and:

 

  1. the actor uses forcible compulsion;
  2. the other person is incapable of consent by reason of being physically helpless or mentally incapacitated; or
  3. the actor is 16 years of age or older and the other person is less than 12 years old.

Ala. Code § 13A-6-61

Rape in the Second Degree

Sexual intercourse with a member of the opposite sex and

  1. the actor is 16 years of age or older and the other person is less than 16 years of age and more than 12 years of age but is at least 2 years younger than the actor; or
  2. the other person is incapable of consent by reason of being mentally defective.

Ala. Code § 13A-6-62

Sexual Torture

A person commits sexual torture if:

  1. the actor penetrates another person’s vagina, anus or mouth with an inanimate object by forcible compulsion with the intent to sexually torture or to sexually abuse;
  2. the actor uses an inanimate object to penetrate the vagina, anus or mouth of another person who is incapable of consent by reason of physical helplessness or mental incapacity with the intent to sexually torture or to sexually abuse; or
  3. the actor is 16 years of age or older and uses an inanimate object to penetrate the vagina, anus or mouth of a person who is less than 12 years old with the intent to sexually torture or to sexually abuse.

§ 13A-6-65.1

Sodomy in the First Degree

An actor commits sodomy in the first degree if the actor engages in deviate sexual intercourse with another person:

  1. by forcible compulsion;
  2. who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
  3. Who is less than 12 years old - and the actor is 16 years old or older.

Ala. Code § 13A-6-63

Sodomy in the Second Degree

The actor commits sodomy in the second degree if the actor engages in deviate sexual intercourse with another person:

  1. Who is less than 16 and more than 12 years of age and the actor is 16 years old or older; or
  2. Who is incapable of consent by reason of being mentally defective

Ala. Code § 13A-6-64

Sexual Abuse in the First Degree

An actor commits sexual abuse in the first degree if he:

  1. subjects another person to sexual contact by forcible compulsion; or
  2. subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated.

Ala. Code § 13A-6-66

Sexual Abuse in the Second Degree

An actor commits the crime of sexual abuse in the second degree if he:

  1. subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old ; or
  2. being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.

Ala. Code § 13A-6-67

Sexual Misconduct

A person commits sexual misconduct if:

  1. he, being a male, engages in sexual intercourse with a female without her consent or with her consent where consent was contained by fraud or artifice;
  2. she, being a female, engages in sexual intercourse with a male without his consent; or
  3. he or she engages in deviate sexual intercourse with another person. 

§ 13A-6-65

Statutory Rape

"Satutory rape" is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While Alabama does not expressly penalize "statutory rape", the offenses of rape, sodomy or sexual torture cover this conduct.

  • Rape or sodomy in the first degree: Sexual intercourse or deviate sexual intercourse if the actor is 16 years of age or older and the victim is under 12 years of age.
  • Rape or sodomy in the second degree: Sexual intercourse with a member of the opposite sex if the actor is 16 years of age or older and the victim is 12-15 years of age and at least two years younger than the actor.
  • Sexual torture: The actor is 16 years of age or older and uses an inanimate object to penetrate the vagina, anus or mouth of a person who is less than 12 years old with the intent to sexually torture or to sexually abuse.
  • Sexual abuse in the second degree: The actor is 19 years old or older and subjects another person to sexual contact who is less than 16 years old, but more than 12 years old
  • Sexual abuse of a child less than 12 years old: An actor commits sexual abuse of a child less than 12 years old if, being 16 years of age or older, he or she subjects another person less than 12 years old to sexual contact.

Ala. Code §§ 13A-6-61, 13A-6-62, 13A-6-65.1, 13A-6-63, 13A-6-69.1

Sodomy
  • He or she engages in deviate sexual intercourse with another person under circumstances not covered by §§ 13A-6-63 and 13A-6-64.  
  • Any state laws that outright prohibit sodomy are unconstitutional under the Supreme Court's Lawrence v. Texas.

Sexual Misconduct §§ 13A-6-65.






Alaska Definition Crime Definition Statute
Sexual Assault in the First Degree

A person can commit 1st degree sexual assault in 4 ways:

  1. the offender engages in sexual penetration with another person without consent ;
  2. the offender attempts to engage in sexual penetration with another person without consent and causes serious physical injury to that person;
  3. the offender engages in sexual penetration with another person  (a) the offender knows the person is mentally incapable (b) and the person is in the offender’s care by authority of law or in a facility or program that is required 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
    • the offender is a health care worker; and
    • the offense takes place during the course of professional treatment of the victim

AS §11.41.410

Sexual Assault in the Second Degree

A person can commit 2nd degree assault in 4 ways:

  1. the offender engages in sexual contact with another person without consent;
  2. the offender engages in sexual contact with a person (a) who the offender knows is mentally incapable; and (b) who is in the offender's care by authority of law or in a facility or program that is required to be licensed by the state
  3. the offender engages in sexual penetration with a person who the offender knows is (a) mentally incapable; (b) incapacitated; or (c) unaware that a sexual act is being committed; or
  4. the offender engages in sexual contact 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.

AS §11.41.420

Sexual Assault in the Third Degree

An actor can commit 3rd degree sexual assault in 6 ways:

  1. the offender engages in sexual contact with a person who the offender knows is (a) mentally incapable; (b) incapacitated; or (c) unaware that a sexual act is being committed;
  2. the offender engages in sexual penetration with a person and the offender is employed in a state correctional facility and the offender knows the person is committed to the custody of the Department of Corrections for imprisonment or temporary commitment.
  3. the offender engages in sexual penetration with a person and (a) the person is 18 or 19 years of age;  and (b) the offender knows the person is committed to the custody of the Department of Health and Social Services; and (c) the offender is the legal guardian of the person;
  4. the offender engages in sexual penetration with a person  and (a) the offender is employed by the state as a peace officer or is acting as a peace officer; and (b) the offender acts with reckless disregard that the person is in the custody or the apparent custody of the offender, or is committed to the custody of a law enforcement agency;
  5. the offender engages in sexual penetration with a person  and (a) the offender is employed or acting as a probation or parole officer; and (b)  the offender acts with reckless disregard that the person is on probation or parole; or 
  6. the offender engages in sexual penetration with a person and (a) The offender is employed as a juvenile probation officer or juvenile facility staff and the person is 18 or 19 years of age; and (b) the offender acts with reckless disregard that the victim is committed to the custody or probationary supervision of the Department of Health and Social Services.

AS §11.41.425

Sexual Assault in the Fourth Degree

An actor can commit 4th degree sexual assault in 5 ways:

  1. the offender, while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners (a) engages in sexual contact with a person; and (b) the offender knows the person is committed to serve a term of imprisonment or period of temporary commitment;
  2. the offender engages in sexual contact with a person (a) the person is 18 or 19 years of age; (b) the offender knows the person is committed to the custody of the Department of Health and Social Services; and (c) the offender is the legal guardian of the person;
  3. the offender engages in sexual contact with a person and (a) the offender is employed by a law enforcement agency as a peace officer, or is acting as a peace officer; and (b) the offender acts with reckless disregard that the person is in custody or the apparent custody of the offender or is committed to the custody of a law enforcement agency;
  4. the offender engages in sexual contact with a person and (a) the offender is employed as a probation officer or parole officer or is acting as a probation or parole officer; and (b) the offender acts with reckless disregard that the person is on probation or parole; or
  5. the offender engage in sexual contact with a person 18 or 19 years of age and (a) the offender is employed as a juvenile probation officer or as a juvenile facility staff;  and (b) the offender acts with reckless disregard that the person is committed to the custody or probationary supervision of the Department of Health and Social Services.

AS §11.41.427

Statutory Rape

“Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While Alaska does not expressly penalize “statutory rape,” the offenses of sexual abuse target this conduct. 

Sexual abuse of a minor in the first degree

An actor can commit sexual abuse of a minor in the first degree by engaging in sexual penetration with a person if:

(1) The offender is 16 or older and the victim is under 13 or aids, induces, causes, or encourages a person who is under 13 years of age to engage in sexual penetration with another person;

(2) The offender is 18 or older, the victim is under 18, and the offender is the victim’s natural parent, stepparent, adopted parent, or legal guardian; or

(3) The offender is 18 or older, the victim is under 16, and the victim is residing in the same household as the offender and the offender has authority over the victim OR the offender occupies a position of authority in relation to the victim.

Sexual abuse of a minor in the second degree

An actor can commit sexual abuse of a minor in the second degree in 7 ways:

  1. The offender is 17 or older and engges in sexual penetration with a victim who is 13, 14, or 15 and at least four years younger than the offender or aids, induces, causes, or encourages a person who is 13, 14, or 15 years of ageand at least four years younger than the offender to engage in sexual penetration with another person;
  2. The offender is 16 or older and engages in sexual contact with the victim who is under 13 years of ageaids, induces, causes, or encourages a person under 13 years of age to engage in sexual contact with another person;
  3. The offender is 18 or older and engages in sexual contact with a victim under 18, and the offender is the victim’s natural parent, stepparent, adopted parent, or legal guardian;
  4. The offender is 16 or older and causes or encourages a victim under 16 to engage in child pornography;
  5. The offender is 18 or older and engages in sexual conduct with a victim under 16, and the victim is residing in the same household as the offender and the offender has authority over the victim OR the offender occupies a position of authority in relation to the victim;
  6. The offender is 18 or older and engages in sexual penetration with a victim aged 16-17, the victim is at least three years younger than the offender and the offender occupies a position of authority in relation to the victim; or
  7. The offender is under 16 and engages in sexual penetration with a victim under 13, and the victim is at least three years younger than the offender.

Sexual abuse of a minor in the third degree

An actor can commit sexual abuse of a minor in the third degree by engaging in sexual contact with a person if the offender is 17 years of age or older, the victim is 13-15, and the victim is at least 4 years younger than the offender.

Sexual abuse of the fourth degree

An actor can commit sexual abuse of a minor in the fourth degree by engaging in sexual contact with a person if:

1. the offender is under 16 years old, the victim is under 13 years old, and the victim is at least three years younger than the offender; or

2.  the offender is 18 years of age or older, the victim is 16-17, the victim is at least three years younger than the offender, and the offender occupies a position of authority in relation to the victim.

AS §§ 11.41.434,11.41.436,11.41.438, 11.41.440

Sodomy
  • Sodomy is not illegal in Alaska
  • Any state laws that outright prohibit sodomy are unconstitutional under the Supreme Court's decision in Lawrence v. Texas

N/A






Arizona Definition Crime Definition Statute
Sexual Assault

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

Ariz. Rev. Stat. Ann. §13-1406

Sexual Abuse

A person commits sexual abuse by intentionally or knowingly engaging in sexual contact:

  1. with any person who is fifteen or more years of age, and without consent of that person; or 
  2. with any person who is under fifteen years of age if the sexual contact involves only the female breast.

Ariz. Rev. Stat. Ann. §13-1404

Unlawful Sexual Conduct; Adult Probation Department Employees; Juvenile Court Employees

A person violates §13-1409 if the employee knowingly coerces the victim to engage in sexual contact, oral sexual contact or sexual intercourse by either: 

  1. Threatening to negatively influence the victim’s supervision or release status; or
  2. Offering to positively influence the victim’s supervision or release status.

Ariz. Rev. Stat. Ann. §13-1409

Molestation of a Child

An actor commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, (except sexual contact with the female breast) with a child who is under 15 years of age.

Ariz. Rev. Stat. Ann. §13-1410

Statutory Rape

A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age. (§13-1405)

Valid Defenses:

  1. Defendant may argue that s/he did not reasonably know the age of a 15, 16 or 17 year old victim. (§13-1407)
  2. Valid Defense if: defendant is under 19 or attending high school, the victim is 15, 16, or 17, and the defendant is no more than 24 months older than the victim. (§13-1407)

Ariz. Rev. Stat. Ann. §§ 13-1405 ; 13-1407

Sodomy

Arizona does not prohibit sodomy between consenting adults.

Any state laws that outright prohibit sodomy are unconstitutional under the Supreme Court's decision in Lawrence v. Texas.

N/A

Unlawful sexual conduct; peace officers

A peace officer violates §13-1412 by knowingly engaging in sexual contact, oral sexual contact or sexual intercourse with any person who either: 

  1. Is in the officer's custody; or
  2. A person who the officer knows or has reason to know is the subject of an investigation. 

Ariz. Rev. Stat. Ann. §13-1412

Unlawful sexual conduct; correctional facilities

A person violates §13-1419 by intentionally or knowingly engaging in any act of a sexual nature with an offender who is:

  1. In the custody of the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail; or 

  2. With an offender who is under the supervision of either department or a city or county.

Ariz. Rev. Stat. Ann. §13-1419






California Definition Crime Definition Statute
Rape

An offender commits Rape by engaging in sexual intercourse with another person who is not the offender’s spouse under the following circumstances:

  1. The victim is incapable of giving consent because of a mental disorder or developmental or physical disability and this is known or reasonably should be known to the person committing the act;
  2. The offender engages in sexual intercourse against a victim’s will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the person or another;
  3. The victim is unable to resist because of any intoxicating or anesthetic substance, or any controlled substance and the offender knew or reasonably should have known of the victim’s condition;
  4. The victim was unconscious of the nature of the act and the offender knew that the victim was unconscious of the nature of the act because the victim was unconscious or asleep, was not aware or cognizant the act occurred, was not aware or cognizant of the essential characteristics of the aqct due to the perpetrator's fraud in the fact, or was not aware or cognizant of the nature of the act because the offender fraudulently represented that the sexual penetration served a professional purpose when it did not;
  5. The victim submits under the belief that the offender is someone known to the victim other than the offender due to the offender’s artifice, pretense or concealment, which was intended to induce the victim’s false belief;
  6. The act is accomplished against the victim’s will and the offender threatens to retaliate in the future, by way of kidnapping, false imprisonment, the infliction of extreme pain or serious bodily injury, or causing death, against the victim or any other person, and there is a reasonable probability the offender will execute the threat; or
  7. The act is accomplished against the victim’s will and the offender threatens to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief the offender is a public official.

Cal. Penal Code §261

Rape of a Spouse

An offender commits Rape of a spouse by engaging in sexual intercourse with the offender’s spouse under any of the following circumstances:

  1. The offender accomplishes the act against a person's (victim’s) will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the person or another;
  2. The victim is unable to resist because of any intoxicating or anesthetic substance, or any controlled substance and the offender knew or reasonably should have known of the victim’s condition;
  3. The victim was unconscious of the nature of the act and the offender knew that the victim was unconscious of the nature of the act because the victim was unconscious or asleep, was not aware or cognizant that the act occured, or was not aware or cognizant of the nature of the act due to the offender’s fraud in fact;
  4. The act is accomplished against the victim’s will and the offender threatens to retaliate in the future, by way of kidnapping, false imprisonment, the infliction of extreme pain or serious bodily injury, or causing death, against the victim or any other person, and there is a reasonable probability the offender will execute the threat; or
  5. The act is accomplished against the victim’s will where the offender threatens to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim reasonably believes the offender is a public official.

Cal. Penal Code §262

Sodomy

An offender violates §286 by engaging in sodomy:

  • with a victim under 18 years of age (punishable by up to one year imprisonment);
  •  with a victim where the offender is over the age of 21 and the victim is under 16 (punishable as a felony);
  • with a victim who is under 14 years of age and more than 10 years younger than the offender (punishable by 3, 6, or 8 years imprisonment);
  • with a victim and accomplishing the act by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat (punishable by 3, 7, or 8 years imprisonment);
  • with a victim who is under 14 years of age by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 9, 11, or 13 years imprisonment);
  • with a victim who is a minor older than 14 years of age by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 7, 9, or 11 years imprisonment);
  • with a victim and accomplishing the act 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 (punishable by 3, 7, or 8 years);
  • with  a victim by, acting or by aiding and abetting another, and accomplishes the act by means of force or fear of immediate and unlawful bodily injury on the victim or another person or where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person (punishable by 5, 7 or 9 years imprisonment);
  • with a victim who is under 14 years of age, while acting in concert with another person, either personally or aiding and abetting another, and accomplishing the act against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 10, 12, or 14 years imprisonment);
  • with a minor who is older than 14 years of age, while acting in concert with another person and either personally committing the act or aiding and abetting another person, and accomplishing the act by means of force or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 7, 9, or 11 years imprisonment);
  • with a victim of any age while confined in a detention facility (punishable by less than 1 year imprisonment);
  • with a victim who is unconscious of the nature of the act (incapable of resisting because they are asleep or unconscious; not aware, knowing, perceiving, or cognizant of the act; was not aware or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact; or was not aware 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 did not) and this is known to the person committing the act (punishable by 3, 6, or 8 years imprisonment);
  • with a victim who is incapable of giving consent due to mental disorder or disability and the offender knows (or should have known) the victim is unable to consent (punishable by 3, 6, or 8 years imprisonment);
  • with a victim who is incapable of giving consent due to mental disorder or disability and the offender knows (or should have known) the victim is unable to consent BUT at the time both the offender and victim were institutionalized for the treatment of mental disorders (punishable by less than 1 year imprisonment);
  • with a victim who is prevented from resisting by a substance and the offender knew (or should have known) of the victim’s condition (punishable by 3, 6, or 8 years imprisonment);
  • with a victim who submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief (punishable by 3, 6, or 8 years imprisonment); or
  • with a victim where the act is accomplished 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 (punishable by 3, 6, or 8 years).

Cal. Penal Code §286

Forcible Acts of Sexual Penetration

An offender violates  §289 by committing an act of sexual penetration:

  • against a victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 3, 6, or 8 years imprisonment);
  • upon a child who is under 14 years old and the act is accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 8,10, or 12 years imprisonment);
  • upon a minor who is over 14 years old and the act is accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 6, 8, or 10 years imprisonment);
  • against the victim's will by threatening to retaliate in the future against the victim or any other person (punishable by 3, 6, or 8 years imprisonment);
  • where the victim is incapable of consenting because of mental disorder or disability and the offender knew or should have known that the victim was unable to consent (punishable by 3, 6, or 8 years imprisonment);
  • where the victim is incapable of consenting because of mental disorder or disability and the offender knew or should have known that the victim was unable to consent BUT at the time both the victim and offender were institutionalized for treatment for mental disorders (punishable by not more than one year imprisonment); or
  • with a victim who is unconscious of the nature of the act (incapable of resisting because they are asleep or unconscious; not aware, knowing, perceiving, or cognizant of the act) (punishable by 3, 6, or 8 years imprisonment);
  • with a victim who is prevented from resisting by a substance and the offender knew or should have known the victim’s condition (punishable by 3, 6, or 8 years imprisonment)
  • with a victim who submits under the belief that the person committing the act or causing the act to be committed is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief (punishable by 3, 6, or, 8 years imprisonment)
  • against a 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 (punishable by 3, 6, or 8 years)
  • with another person who is under 18 years of age (punishable by less than 1 year imprisonment)
  • with a victim under the age of 16 and the offender is above the age of 21 (punishable as a felony)
  • with a victim who is under the age of 14 and the offender is more than 10 years older (punishable by 3, 6, or 8 years imprisonment)
Oral Copulation

A person violates §288a by engaging in oral copulation (act of copulating the mouth of one person with the sexual organ or anus of another person) with a victim:

  • who is under the age of 18 (punishable by up to 1 year imprisonment);
  • who is under 16 years of age and the offender is over 21 years of age (punishable as a felony);
  • who is under 14 years of age and more than 10 years younger than the offender (punishable by imprisonment of 3, 6, or 8 years);
  • where the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 3, 6, or 8 years imprisonment);
  • who is under 14 years of age and the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 8, 10, or 12 years imprisonment);
  • who is a minor older than 14 years of age and the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 6, 8, or 10, years’ imprisonment);
  • 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 (punishable by 3, 6, or 8 years imprisonment);
  • while acting in concert with another person, either personally or by aiding and abetting the other person and : (1) the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person; or (2) 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; or (3) the victim is at the time incapable of consenting because of a mental disorder or disability and the offender knew or reasonably should have known (punishable by 5, 7, or 9 years imprisonment);
  • while acting in concert with another person, either personally or aiding and abetting the other person, and the victim is under 14 years of age and the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 10, 12, or 14 years imprisonment);
  • while acting in concert with another person, either personally or aiding and abetting the other person and the victim is a minor over 14 years of age and the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 8, 10, or 12 years imprisonment);
  •  who  is confined in a prison at the time (punishable by not more than 1 year imprisonment);
  • who is unconscious of the nature of the act, and this is known to the offender (punishable by 3, 6, or 8 years imprisonment)
  • who is incapable of consenting because of mental disorder or disability, and the offender knew or reasonably should have known (punishable by 3, 6, or 8 years imprisonment);
  • who is incapable of consenting because of mental disorder or disability, and the offender knew or reasonably should have known but both the victim and offender are institutionalized for treatment of mental disorders (punishable by up to 1 year imprisonment);
  • who is prevented from resisting because of a substance and the offender knew or should have known (punishable by 3, 6, or 8 years);
  • who submits under the belief that the offender is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief(punishable by 3, 6, or 8 years imprisonment); or
  • 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 (punishable by 3, 6, or 8 years imprisonment).

Cal. Penal Code §288a

Sexual Battery

An offender may commit sexual battery in 5 ways:

  1. By touching an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and the touching is against the will of the person touched and the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse;
  2. By touching an intimate part of another person who is seriously disabled or medically incapacitated and the person institutionalized for medical treatment where the touching is against the will of the person touched and the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery;
  3. By touching an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse and the victim is at the time unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose;
  4. By causing a victim to masturbate or touch an intimate part of the offender, the victim, or a third person for the purpose of sexual arousal, sexual gratification, or sexual abuse, against the victim’s will and the victim is unlawfully restrained by the offender or an accomplice, or is institutionalized for medical treatment and is seriously disabled or medically incapacitated; and
  5. By touching an intimate part of another person where the touching is against the will of the victim and the touching is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.

Cal. Penal Code §243.4

Unlawful Sexual Acts Procured By Fraud or False Pretenses

An offender violates §266c by:

  • inducing any other person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy;
  • by procuring consent through false or fraudulent representation or pretense that is made with the intent to create fear; and
  • the representation or pretense does induce fear, and that fear would cause a reasonable person to act contrary to the person's free will.

Cal. Penal Code §266c

Aggravated Sexual Assault of a Child

An offender commits aggravated sexual assault of a child by committing the acts below on a child under the age of 14 who is 7 or more years younger than the offender:

  • Rape as defined in §261.
  • Rape or sexual penetration in concert with another in violation of Section 264.1.
  • Sodomy as defined in §286.
  • Oral copulation as defined in §288a.
  • Unlawful sexual penetration as defined in §289.

Cal. Penal Code §269

Sexual Acts with a Child 10 Years or Younger

An offender who is 18 years of age or older violates §288.7 by:

  • Engaging in sexual intercourse or sodomy with a child who is 10 years of age or younger (punishment is imprisonment of 25 years to life); or
  • Engaging in oral copulation or sexual penetration with a child who is 10 years of age or younger (punishment is imprisonment of 15 years to life).

Cal. Penal Code §288.7

Statutory Rape

“Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While California does not expressly penalize “statutory rape,” the offenses noted below target this conduct.

  • 261.5 (Unlawful sexual intercourse)

An offender commits unlawful sexual intercourse (§261.5) by engaging in sexual intercourse with a minor:

  • where the minor is not more than three years older or three years younger than the offender (punishment: as a misdemeanor);
  • where the minor is more than three years younger than the offender (punishable by less than 1 year imprisonment or by imprisonment of 16 months, 2 years or 3 years); or
  • where the minor is under 16 years of age and the offender is 21 years of age or older (punishable by less than 1 year imprisonment or by imprisonment of 2, 3, or 4 years).
  • 286 (Sodomy)
  •  An offender commits sodomy (§286) by engaging in sodomy:
  • with another person under 18 years of age (punishable by up to one year imprisonment);
  • with another person where the offender is over the age of 21 and the other person (victim) is under 16 (punishable as a felony); or
  •  with another person who is under 14 years of age and more than 10 years younger than the offender (punishable by 3, 6, or 8 years imprisonment).

288.7 (Child 10 Years of Younger)

  • An offender who is 18 years of age or older violates §288.7 by:

  • Engaging in sexual intercourse or sodomy with a child who is 10 years of age or younger (punishment is imprisonment of 25 years to life); or

  • Engaging in oral copulation or sexual penetration with a child who is 10 years of age or younger (punishment is imprisonment of 15 years to life).

288a (Oral Copulation)

  • An offender violates §288a by engaging in oral copulation with a victim:
  •  who is under the age of 18 (punishable by up to 1 year imprisonment);
  • who is under 16 years of age and the offender is over 21 years of age (punishable as a felony); or
  • who is under 14 years of age and more than 10 years younger than the offender (punishable by imprisonment of 3, 6, or 8 years).

 

  • 289 (Sexual Penetration)
  • An offender commits a forcible act of sexual penetration by engaging in sexual penetration:
  • with a victim who is under 18 years of age (punishable by less than 1 year imprisonment);
  • with a victim under the age of 16 and the offender is above the age of 21 (punishable as a felony); or
  • with a victim who is under the age of 14 and the offender is more than 10 years older (punishable by 3, 6, or 8 years imprisonment).

Cal. Penal Code §§ 261.5; 286 ; 288a; 289






Colorado Definition Crime Definition Statute
Sexual Assault
  • Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
    • the actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will (punishable as a class 4 felony: 2-6 years incarceration and 3 years parole and up to $500,000 fine);
    • the actor knows that the victim is incapable of appraising the nature of the conduct (punishable as a class 4 felony: 2-4 years incarceration and 3 years parole and up to $500,000 fine);
    • the actor knows that the victim submits erroneously, believing the actor to be the victim's spouse (punishable as a class 4 felony: 2-6 years incarceration and 3 years parole and up to $500,000 fine);
    • 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 (punishable as a class 4 felony: 2-6 years incarceration and 3 years parole and up to $500,000 fine);
    • 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 (punishable as class 1 misdemeanor of extraordinary risk: 6-24 months imprisonment and up to $5,000 fine);
    • 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 (punishable as a class 4 felony: 2-6 years incarceration and 3 years parole and up to $500,000 fine);
    • 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 (punishable as a class 4 felony: 2-6 years incarceration and 3 years parole and up to $500,000 fine); or
    • the victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented (punishable as a class 3 felony: 4-12 years incarceration and 5 years parole and up to $750,000 fine).

Colo. Rev. Stat. §18-3-402

Unlawful Sexual Conduct
  • An actor who knowingly subjects a victim to sexual contact commits unlawful sexual contact if:
    • the actor knows that the victim does not consent;
    • the actor knows that the victim is incapable of appraising the nature of the victim's conduct;
    •  the victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented;
    • the actor has substantially impaired thebvictim’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;
    • 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, unless incident to a lawful search, to coerce the victim to submit; or
    • the actor engages in treatment or examination of a victim not for medical purposes or in a manner substantially inconsistent with reasonable medical practices (punishable as a class 4 felony: 2-6 years incarceration, 3 year parole, and up to $500,000 fine).
  • An actor also commits unlawful sexual conduct if, with or without sexual contact, the actor induces or coerces a person under the age of 18, using any of the means listed in §18-3-402 (See Sexual Assault above), to expose intimate parts or to engage in any sexual contact, intrusion, or penetration with another person, for the purpose of the actor's own sexual gratification, commits unlawful sexual contact.

Colo. Rev. Stat. Ann. §18-3-404

Sexual Assault on a Child

An actor who knowingly subjects a person who is not the offender’s spouse to sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

 

Note: Sexual assault on a child by a person in a position of trust is punishable under §18-3-405.3 and may carry a more severe punishment.

Colo. Rev. Stat. Ann. §18-3-405

Statutory Rape
  • 18-3-402 (Sexual assault)

An offender violates §18-3-402 if the actor  knowingly inflicts sexual intrusion or sexual penetration on a victim and:

  • 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 (punishable as a class 4 felony: 2-4 years incarceration and 1 year parole and up to $500,000 fine); or
  • 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 (punishable as class 1 misdemeanor of extraordinary risk: 6-24 months imprisonment and up to $5,000 fine).
  • 18-3-405 Sexual assault on a child

An actor who knowingly subjects a person who is not the offender’s spouse to sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim (punishable as a class 4 felony: y 2-4 years incarceration, 1 year parole, and up to $500,000 fine).

Colo. Rev. Stat. §§ 18-3-402 and 18-3-405

Sodomy

Colorado does not prohibit sodomy between consenting adults.

 

Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas.

N/A






Connecticut Definition Crime Definition Statute
Sexual Assault in the First Degree

A person commits sexual assault in the first degree when such person:

  • compels another person to engage in sexual intercourse by the use of force against such other person or a third person, or by the threat of use of force against such other person or against a third person which reasonably causes such person to fear physical injury for such person on a third person (if the victim is under 16 this is a class A felony subject to a sentencing enhancement);
  • engages in sexual intercourse with another person and such other person is under thirteen years of age and the actor is more than two years older than such person (class A felony subject to a sentencing enhancement);
  • commits sexual assault in the second degree (§ 53a-71) and in the commission of such offense is aided by two or more other persons actually present; or
  •  engages in sexual intercourse with another person and such other person is mentally incapacitated to the extend that such other person is unable to consent to such intercourse.

Conn. Gen. Stat. Ann. §53a-70

Sexual Assault in Spousal or Cohabiting Relationship
  • A person is guilty of aggravated sexual assault in the first degree when such person commits sexual assault in the first degree (§ 53a-70), and in the commission of such offense:
    • uses or is armed with and threatened the use of or displays or represents by such person’s words or conduct that such person possesses a deadly weapon; or
    • with intent to disfigure the victim seriously or 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; or
    • 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
    • such person is aided by two or more other persons actually present.

Conn. Gen. Stat. Ann. §53a-70a

Sexual Assault in the Second Degree

A person commits sexual assault in the second degree when such person engages in sexual intercourse with another person and:

  • Such other person is thirteen years of age or older but under sixteen years of age and the actor is more than three years older than such other person;
  • Such other person is impaired beacuse of mental disability or diesease  to the extent that such other person is unable to consent to such sexual intercourse;
  • Such other person is physically helpless;
  • Such other person is less than eighteen years old and the actor is such person's guardian or otherwise responsible for the general supervision of such person's welfare;
  • Such other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person;
  • The actor is a psychotherapist and the victim is a patient or former patient and the act occurs during a psychotherapy session, while the patient is emotionally dependent on the actor, or by means of therapeutic deception;
  • The actor accomplishes the sexual intercourse by means of false representation that the sexual intercourse is for a bona fide medical purpose by a healthcare professional;
  • The actor is a school employee and the victim is a student enrolled in a school in which the actor works or a school under in the jurisdiction of the local or regional board of education which employs the actor;
  •  the actor is a coach in an athletic activity or a person who provides intensive, ongoing instruction and such other person is the recipient of such coaching or instruction and is either a secondary school student who receives such coaching or instruction at school, or is under eighteen years of age;
  • The actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person who by virtue of the actor’s professional, legal, occupational, or volunteer status and such other person’s participation in a program or activity, and such other person; or
  • Such other person is placed or receiving services under the direction of the Commissioner of Developmental Services in any public or private facility or program and the actor has supervisory or disciplinary authority over such other person.

Conn. Gen. Stat. Ann. §53a-71

Sexual Assault in the Third Degree

A person commits sexual assault in the third degree when such person:

  • compels another person to submit to sexual contact by the use of force against the other person or a third person, or compels the other person to submit by the threat of use of force against such other person or against a third person which reasonably causes such person to fear physical injury to him or herself or a third person; or
  •  engages in sexual intercourse with another person whom the actor knows to be the actor’s parent, grandparent, child, grandchild, sibling, parent's sibling, sibling's child, stepparent or stepchild.

Conn. Gen. Stat. Ann. §53a-72a

Sexual Assault in the Fourth Degree
  • A person (the actor) commits sexual assault in the fourth degree when:
    • The actor subjects another person to sexual contact who is: (1) under thirteen years of age and the actor is more than two years older than such other person; or (2) thirteen years of age or older but under fifteen years of age and the actor is more than three years older than such other person; or (3) mentally incapacitated or impaired because of mental disability or disease to the extent that such other person is unable to consent to such sexual contact; or (4) physically helpless;  or (5) less than eighteen years old and the actor is the victim’s guardian or otherwise responsible for the general supervision of the victim’s welfare; or (6) in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person;
    • The actor subjects the victim to sexual contact without such other person's consent;
    • The actor engages in sexual contact with an animal or dead body;
    • The actor is a psychotherapist and subjects the victim to sexual contact and the victim is: a patient of the actor and the sexual contact occurs during the psychotherapy session; or a patient or former patient of the actor and is emotionally dependent upon the actor; or a patient or former patient of the actor and the sexual contact occurs by means of therapeutic deception;
    • The actor subjects the victim to sexual contact and accomplishes the sexual contact by means of false representation that the sexual contact is for a bona fide medical purpose by a healthcare professional;
    • The actor is a school employee and subjects the victim to sexual contact and the victim is a student enrolled in the school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor;
    • The actor is a coach in an athletic activity or a person who provides intensive, ongoing instruction and subjects the victim to sexual contact who is a recipient of coaching or instruction from the actor and the victim: (1) is a secondary school student and receives such coaching or instruction at school, or (2) is under eighteen years of age;
    • The actor subjects the victim to sexual contact where the victim is under 18 years of age and the actor is over 20 years of age and is in a position of power, authority or supervision over the victim by virtue of the actor's professional, legal, occupational or volunteer status and the victim’s participation in a program or activity; or
    • The actor subjects the victim to sexual contact and the victim is placed or receiving services under the direction of the Commissioner of Developmental Services in any public or private facility or program and the actor has supervisory or disciplinary authority over the victim.

Conn. Gen. Stat. Ann. §53a-73a

Statutory Rape
  • 53a-70 Sexual assault in the first degree
    • A person violates §53a-70 by engaging in sexual intercourse with another person (victim) and victim is under thirteen years of age and the actor is more than two years older than such person. (A class A felony subject to a sentencing enhancement.) 
  • 53a-71 Sexual assault in the second degree
    • A person violates §53a-71 by engaging in sexual intercourse with another person (victim) where the victim is thirteen years of age or older but under sixteen years of age and the actor is more than three years older than such other person. (A class B felony punishable by 1-20 years imprisonment.)
  • 53a-73a Sexual assault in the third degree
    • A person violates §53a- by intentionally subjecting another person (victim) to sexual contact where: (1) the victim is under thirteen years of age and the actor is more than two years older than such other person; or (2) the victim is thirteen years of age or older but under fifteen years of age and the actor is more than three years older than the victim. (A class D felony punishable by 1-5 years imprisonment.)

Conn. Gen. Stat. Ann. §§ 53a-70, 53a-71; 53a-73a

Sodomy
  • Connecticut does not prohibit sodomy between consenting adults.
  • Any state laws that prohibit sodomy are unconstitutional under the Supreme Court’s decision in Lawrence v. Texas.

N/A






Delaware Definition Crime Definition Statute
Rape in the First Degree

Intentionally engaging in sexual intercourse with another person and:

  • The sexual intercourse occurs without the victim’s consent and during the commission of the crime, or during the immediate flight following the crime, or during an attempt to prevent the reporting of the crime, the defendant causes physical injury or serious mental or emotional injury to the victim;
  • 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:
    • Any felony; or
    • Any of certain misdemeanors – reckless endangerment (2d degree); assault (3d degree); terroristic threatening; unlawfully administering drugs; unlawful imprisonment (2d degree); coercion or criminal trespass (1st, 2d, or 3d degree);
  •  In the course of the commission of 2d, 3d, or 4th degree rape, or while in the immediate flight following the crime, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that defendant is in possession or control of a deadly weapon or dangerous instrument;
  • The sexual intercourse occurs without the victim’s consent, and a principal-accomplice relationship existed between the defendant and another person(s) with respect to commission of the crime; or
  • The victim is not yet 12 years of age, and defendant is at least 18 years of age.

Del. Code Ann. tit. 11, § 773

Rape in the Second Degree

Intentionally engaging in sexual intercourse with another person with another person, and the intercourse occurs without the victim’s consent; or

Intentionally engaging in sexual penetration with another person and:

  • The sexual penetration 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 serious physical injury to the victim;
  • The sexual penetration occurs without the victim’s consent and it was facilitated by or occurred during the course of the commission or attempted commission of:
    • Any felony; or
    •   Any of certain misdemeanors – reckless endangerment (2d degree); assault (3d degree); terroristic threatening; unlawfully administering drugs; unlawful imprisonment (2d degree); coercion; or criminal trespass (1st, 2d, or 3d degree);
  • The victim is less than 16 years of age at the time of the offense and the defendant inflicts serious physical injury to the victim during the commission of the crime, during immediate flight from the crime, or during an attempt to prevent reporting of the crime;
  • The sexual penetration occurs without the victim’s consent and during the commission of the crime, during immediate flight from the crime, or during an attempt to prevent reporting of the crime, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that defendant is in possession or control of a deadly weapon or dangerous instrument;
  • The victim is less than 16 years of age and during the commission of the crime, during immediate flight from the crime, or during an attempt to prevent reporting of the crime, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that defendant is in possession or control of a deadly weapon or dangerous instrument;
  • The sexual penetration occurs without the victim’s consent, and a principal-accomplice relationship existed between the defendant and another person(s) with respect to commission of the crime; or
  • The victim is not yet 12 years of age, and defendant is at least 18 years of age.

Del. Code Ann. tit. 11, § 772

Rape in the Third Degree

(1) Intentionally engaging in sexual intercourse with another person, and the victim is less than 16 years of age and defendant is at least 10 years older than the victim, or the victim is less than 14 years of age and defendant is at least 19 years of age; or(2) Intentionally engaging in sexual penetration with another person and:

  • The sexual penetration occurs without the victim’s consent and during the commission of the crime, or during the immediate flight following the crime, or during an attempt to prevent the reporting of the crime, the defendant causes physical injury or serious mental or emotional injury to the victim; or
  • The victim is less than 16 years of age at the time of the offense and the defendant inflicts serious physical injury or serious mental/emotional injury to the victim during the commission of the crime, during immediate flight from the crime, or during an attempt to prevent reporting of the crime.
    • Note: Does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment, or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.

Del. Code Ann. tit. 11, § 771

Rape in the Fourth Degree

(1) Intentionally engaging in sexual intercourse with another person, and the victim is less than 16 years of age; or

(2) Intentionally engaging in sexual intercourse with another person, and the victim is less than 18 years of age, and defendant is at least 30 years of age; except that such intercourse shall not be unlawful if the victim and defendant are married at the time of such intercourse; or

(3) Intentionally engaging in sexual penetration with another person and:

  • The sexual penetration occurs without the victim’s consent; or
  • The victim is less than 16 years of age.
    • Note: Does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment, or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.

Del. Code Ann. tit. 11, § 770

Unlawful Sexual Contact in the First Degree
  1. While engaging in unlawful sexual contact (2d or 3d degree), or during immediate flight or attempt to prevent the reporting of the crime, defendant causes physical injury to victim or defendant displays what appears to be a deadly weapon or dangerous instrument; or represents by word or conduct that defendant is in possession or control of a deadly weapon or dangerous instrument; or
  2. Defendant intentionally has sexual contact with another person who is less than 13 years of age or causes the victim to have sexual contact with the defendant or a 3d person.

Del. Code Ann. tit. 11, § 769

Unlawful Sexual Contact in the Second Degree
  • Intentionally having sexual contact with another person who is less than 18 years of age or causing the victim to have sexual contact with defendant or a 3d person.

Del. Code Ann. tit. 11, § 768

Unlawful Sexual Contact in the Third Degree
  • Engaging in sexual contact with another person or causing the victim to have sexual contact with defendant or a 3d person and defendant knows that the contact is either offensive to the victim or occurs without the victim’s consent.
  • Del. Code Ann. tit. 11, § 767
Statutory Rape

“Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While Delaware does not expressly penalize “statutory rape,” the offenses of rape in the first, second, third, and fourth degrees target this conduct.

  • Statutory rape is rape (1st degree) if defendant intentionally engages in sexual intercourse with another person and the victim is not yet 12 years of age, and defendant is at least 18 years of age.
  • Statutory rape is rape (2d degree) if defendant intentionally engages in sexual penetration and:
    • The victim is less than 16 years of age at the time of the offense and the defendant inflicts serious physical injury to the victim during the commission of the crime, during immediate flight from the crime, or during an attempt to prevent reporting of the crime;
    • The victim is less than 16 years of age and the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that defendant is in possession or control of a deadly weapon or dangerous instrument; or
    • The victim is not yet 12 years of age, and defendant is at least 18 years of age.

 

  • Statutory rape is rape (3d degree) if defendant:
    • Intentionally engages in sexual intercourse with another person, and the victim is less than 16 years of age and defendant is at least 10 years older than the victim, or the victim is less than 14 years of age and defendant is at least 19 years of age; or  
    • Intentionally engages in sexual penetration with another person, the victim is less than 16 years of age at the time of the offense, and the defendant inflicts serious physical injury or serious mental/emotional injury to the victim during the commission of the crime, during immediate flight from the crime, or during an attempt to prevent reporting of the crime.
    • Note: Does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment, or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.

 

  • Statutory rape is rape (4th degree) if defendant:
    •  Intentionally engages in sexual intercourse with another person, and the victim is less than 16 years of age;
    • Intentionally engages in sexual intercourse with another person, and the victim is less than 18 years of age, and defendant is at least 30 years of age; except that such intercourse shall not be unlawful if the victim and defendant are married at the time of such intercourse; or
    • Intentionally engages in sexual penetration with another person and the victim is less than 16 years of age.
    • Note: Does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment, or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.
  • Del. Code Ann. tit. 11, §§ 770-73
Sodomy
  • Delaware does not penalize sodomy.
  • N/A





District of Columbia Definition Crime Definition Statute
First Degree Sexual Abuse

Engaging in or causing another person to engage in or submit to sexual acts by:

  • Using force against that person;
  • Threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;
  • Rendering that person unconscious; or
  • 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.

(§ 22-3002)

  • D.C. Code § 22-3002
Second Degree Sexual Abuse

Engaging in or causing another person to engage in or submit to sexual acts:

  • by threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or
  • when the person knows or has reason to know that the other person is incapable of appraising the nature of the conduct, incapable of declining participation in that sexual act or incapable of communicating unwillingness to engage in that sexual act.

(§ 22-3003)

  • D.C. Code § 22-3003
Sexual Abuse in the Third Degree

Engaging in or causing sexual contact with or by another person:

  •  by using force against that other person;
  • by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;
  • after rendering that person unconscious; or
  • after administering to that person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.

(§ 22-3004)

  • D.C. Code § 22-3004
Sexual Abuse in the Fourth Degree

Engaging in or causing sexual contact with or by another person:

  •  by threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping);or
  • when the person knows or has reason to know that the other person is incapable of appraising the nature of the conduct, incapable of declining participation in that sexual act or incapable of communicating unwillingness to engage in that sexual act.

(§ 22-3005)

  • D.C. Code § 22-3005
Misdemeanor Sexual Abuse
  • Engaging in a sexual act or sexual contact with another person and knowing or having a reason to know that the act was committed without that other person’s permission.
  • (§ 22-3006)
  • D.C. Code § 22-3006
Statutory Rape
  • First degree child sexual abuse: engaging in a sexual act with a child under the age of 16 or causing a child under the age of 16 to engage in a sexual act when the person is at least 4 years older than the child. (§ 22-3008)
  • Second degree child sexual abuse: engaging in sexual conduct with a child (i.e. under the age of 16) or causing a child to engage in sexual conduct when the person is at least 4 years older than the child. (§ 22-3009)
  • First degree sexual abuse of a minor: engaging in a sexual act with a minor or causing a minor to engage in a sexual act when a person is over 18 years old and in a significant relationship (see definition below) with that minor. (§ 22-3009.01)
  • Second degree sexual abuse of a minor: engaging in sexual contact with a minor or causing a minor to engage in a sexual contact when a person is over 18 years old and in a significant relationship (see definition below) with that minor. (§ 22-3009.02)
  • First degree sexual abuse of a secondary education student: engaging in a sexual act with a student or causing a student to engage in a sexual act when the student is under the age of 20, is enrolled in a secondary level school or school system, and where the person is a teacher, counselor, principal, coach, or other person of authority. (§ 22-3009.03)
  • Second degree sexual abuse of a secondary education student: engaging in a sexual conduct with a student or causing a student to engage in sexual conduct when the student is under the age of 20, is enrolled in a secondary level school system, and where the person is a teacher, counselor, principal, coach, or other person of authority. (§ 22-3009.04)
  • Misdemeanor sexual abuse of a child or a minor: Engaging in sexually suggestive conduct with a child or minor when the person is 18 years of age or older and more than 4 years older than the child or is over 18 years of age and in a significant relationship with the child. (§ 22-3010.01)
  • D.C. Code §§ 22-3008, 22-3009, 22-3009.01, 22-3009.02, 22-3009.03, 22-3009.04, 22-3010.01
Sodomy
  • Washington D.C. does not have an anti-sodomy law. Anal sex is included within the definition of “sexual act.”
  • Any state law that outright prohibits sodomy is unconstitutional under Lawrence v. Texas.
  • N/A





Florida Definition Crime Definition Statute
Sexual Battery
  • (A) If defendant is 18 years of age or older and commits sexual battery upon, or during an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age;
  • (B) If defendant is less than 18 years of age and commits sexual battery upon, or during an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age;
  • (C)If defendant commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury;
  • (D)If defendant commits sexual battery upon a person 12 years of age or older without that person's consent, and:
    • The victim is helpless to resist; or
    • Defendant coerces the victim to submit by threatening to use force of violence likely to cause serious personal injury on the victim, and the victim reasonably believes that defendant has the ability to execute the threat; or
    • Defendant 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; or
    • Defendant, 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 that mentally or physically incapacitates the victim; or
    • When the victim is mentally defective and defendant has reason to believe this or has actual knowledge of this fact; or
    • When the victim is physically incapacitated; or
    • Defendant is a law enforcement officer, correctional officer, or correctional probation officer, or an elected official, or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial or similar setting, and defendant is acting in such a manner as to lead the victim to reasonably believe that the defendant is in a position of control or authority as an agent or employee of the government;
  • Note:  Acquiescence to a person whom the victim reasonably believes is in a position of authority or control does not constitute consent, and it is not a defense that the defendant 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.;
  •  (E)If defendant 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; or
  • (F)If defendant is in a position of familial or custodial authority to a person less than 18 years of age and who:
  • (1) Solicits that person to engage in any act which would constitute sexual battery; or
  • (2) Engages in any act of sexual battery with that person while the person is 12 years of age or older but less than 18 years of age; or
  • (3) Engages in any act of sexual battery with that person while the person is less than 12 years of age, or in an attempt to commit sexual battery injures the sexual organs of such person;
  • Note: Consent of the victim is not a defense under this subsection
  • Fla. Stat. § 794.011
Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration involving a youth. Consent is immaterial. While Florida does not expressly penalize statutory rape, the offense of sexual battery targets this conduct.
    • If defendant is 18 years of age or older and commits sexual battery upon, or during an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age;
    • If defendant is less than 18 years of age and commits sexual battery upon, or during an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age;
    • If defendant is in a position of familial or custodial authority to a person less than 18 years of age and who:
      • Solicits that person to engage in any act which would constitute sexual battery; or
      • Engages in any act of sexual battery with that person while the person is 12 years of age or older but less than 18 years of age; or
      • Engages in any act of sexual battery with that person while the person is less than 12 years of age, or in an attempt to commit sexual battery injures the sexual organs of such person;
  • Under § 794.05, a person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age.
  • Note: The victim's prior sexual conduct is not a relevant issue in a prosecution.
  • Note: Under § 794.021, where the criminality of the conduct depends on the victims age, ignorance of the age is not a defense. Neither is misrepresentation of age by such person, or a bona fide belief that such person is over the specified age. 
  • Fla. Stat. § 794.011 and Fla. Stat. § 794.05
Sodomy
  • A person who commits any unnatural and lascivious act with another person.
  • Fla. Stat. § 800.02





Georgia Definition Crime Definition Statute
Rape
  • Carnal knowledge of:
    • A female forcibly and against her will; or
    • A female who is less than 10 years of age.
    • (§ 16-6-1)
  • Ga. Code Ann. § 16-6-1
Statutory Rape
  • Engaging in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.  (§ 16-6-3)
  • Ga. Code Ann. § 16-6-3
Sexual Assault
  • A person who has supervisory or disciplinary authority over another individual and:
    • Is a teacher, principal, assistant principal, or other administrator of any school and engages in sexual contact with such other individual who the actor knew or should have known is enrolled at the same school; provided, however, that such contact shall not be prohibited when the actor is married to such other individual; or
    •   Is an employee or agent of any probation or parole office and engages in sexual contact with such other individual who the actor knew or should have known is a probationer or parolee under the supervision of the same probation or parole office; or
    • Is an employee or agent of a law enforcement agency and engages in sexual contact with such other individual who the actor knew or should have known is being detained by or is in the custody of any law enforcement agency; or
    •  Is an employee or agent of a hospital and engages in sexual contact with such other individual who the actor knew or should have known is a patient or is being detained in the same hospital; or
    • Is an employee or agent of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or a facility providing child welfare and youth services, who engages in sexual contact with such other individual who the actor knew or should have known is in the custody of such facility.
  • A person who is an actual or purported practitioner of psychotherapy commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling or the actor uses the treatment or counseling relationship to facilitate sexual contact between the actor and such individual.
  • A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3 (hospitals and healthcare facilities), 31-7-12 (personal care facilities), or 31-7-12.2 (assisted living communities) or who is required to be licensed pursuant to Code Section 31-7-151 (home health agency) or 31-7-173 (hospice) commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known had been admitted to or is receiving services from such facility or the actor.
  • (§ 16-6-5.1)
  • Ga. Code Ann. § 16-6-5.1
Sodomy/Aggravated Sodomy
  • Any state that outright prohibits sodomy is unconstitutional under Lawrence v. Texas
  • Sodomy: Performing or submitting to any sexual act involving the sex organs of one person and the mouth or anus of another.
  • Aggravated Sodomy: Committing sodomy with force and against the will of the other person or the other person is less than 10 years of age.
  • Note: The fact that the person sodomized is the spouse of a defendant is not a defense to a charge of aggravated sodomy.
  • (§ 16-6-2)
  • Ga. Code Ann. § 16-6-2





Hawaii Definition Crime Definition Statute
Sexual Assault in the First Degree
  • Defendant knowingly subjects another person to an act of sexual penetration by strong compulsion; or
  • Defendant knowingly engages in sexual penetration with another person who is less than 14 years old;
  • Defendant knowingly engages in sexual penetration with a person who is at least 14 years old but less than 16 years old, and:
  • Defendant is not less than five years older than the minor; and
  • Defendant is not legally married to the minor;
  • Defendant knowingly subjects to sexual penetration another person who is mentally defective; or
  • Defendant knowingly subjects to sexual penetration another person who is mentally incapacitated or physically helpless as a result of the influence of a substance that the defendant knowingly caused to be administered to the other person without such person’s consent.
  • Haw. Rev. Stat. § 707-730
Sexual Assault in the Second Degree
  • Defendant knowingly subjects another person to an act of sexual penetration by compulsion; or
  • Defendant knowingly subjects to sexual penetration another person who is mentally incapacitated or physically helpless; or
  • Defendant, while employed:
    • In a state correctional facility;
    • By a private company providing services at a correctional facility;
    • By a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute;
    • By a private correctional facility operating in the State of Hawaii; or
    • As a law enforcement officer,
  • knowingly subjects to sexual penetration an imprisoned person, a person confined to a detention facility, a person committed to the director of public safety, a person residing in a private correctional facility operating in the State of Hawaii, or a person in custody.
  • Note: This section does not prohibit medical personnel from performing any act within their respective practices; nor does it prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or exception to the warrant clause.
  • Haw. Rev. Stat. § 707-731
Sexual Assault in the Third Degree
  • Defendant recklessly subjects another person to an act of sexual penetration by compulsion; or
  • Defendant knowingly subjects to sexual contact another person who is less than fourteen years old or causes such a person to have sexual contact with the person;
  • Defendant knowingly engages in sexual contact with a person who is at least 14 years old but less than 16 years old or causes the minor to have sexual contact with defendant; provided that:
  • Defendant is not less than 5 years older than the minor; and
  • Defendant is not legally married to the minor;
  • Defendant knowingly subjects to sexual contact another person who is mentally defective, mentally incapacitated, or physically helpless, or causes such a person to have sexual contact with the actor;
  • Defendant, while employed:
    • In a state correctional facility;
    • By a private company providing services at a correctional facility;
    • By a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute;
    • By a private correctional facility operating in the State of Hawaii; or
    • As a law enforcement officer,
  • knowingly subjects to sexual contact an imprisoned person, a person confined to a detention facility, a person committed to the director of public safety, a person residing in a private correctional facility operating in the State of Hawaii, or a person in custody, or causes the person to have sexual contact with the actor; or
  • Defendant knowingly, by strong compulsion, has sexual contact with another person or causes another person to have sexual contact with the actor.

 

Note: This section does not prohibit medical personnel from performing any act within their respective practices; nor does it prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or exception to the warrant clause.

  • Haw. Rev. Stat. § 707-732
Sexual Assault in the Fourth Degree
  • Defendant knowingly subjects another person to sexual contact by compulsion or causes another person to have sexual contact with the actor by compulsion; or
  • Defendant knowingly exposes Defendant’s genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury; or
  • Defendant knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the defendant.
  • Haw. Rev. Stat. § 707-733
Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While Hawaii does not expressly penalize statutory rape, the offense of sexual assault in the first degrees targets this conduct.
  • Statutory rape is sexual assault (1st degree) if defendant:
    • Knowingly engages in sexual penetration with another person who is less than 14 years old; or
    • Knowingly engages in sexual penetration with a person who is at least 14 years old but less than 16 years old, and:
    • Defendant is not less than five years older than the minor; and
    • Defendant is not legally married to the minor.
  • Haw. Rev. Stat. § 707-730
Sodomy
  • Hawaii does not penalize sodomy.
  • N/A





Idaho Definition Crime Definition Statute
Rape

The penetration, however slight, of the oral, anal or vaginal opening with the perpetrator’s penis accomplished with a  female under any of the following circumstances:

  • Where the female is under the age of 16 years and the perpetrator is 18 years of age or older;
  • Where the female is 16 or 17 years and the perpetrator is three years or more older than the female;
  • Where she is incapable, through any unsoundness of mind, due to any cause including, but not limited to, mental illness, mental disability or developmental disability (temporary or permanent), of giving legal consent;
  • Where she resists but her resistance is overcome by force or violence;
  • Where she is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm; or is unable to resist due to any intoxicating, narcotic, or anesthetic substance;
  • Where she is at the time unconscious of the nature of the act;
  • Where she submits under the belief that the perpetrator is her husband, and the belief is induced by artifice, pretense, or concealment practiced by the perpetrator, with intent to induce such belief;
  • Where she submits under the belief that the perpetrator is someone other than the accused, and the belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce such belief; or
  • Where she submits under the belief, instilled by the perpetrator, that if she does not submit, the perpetrator will cause physical harm to some person in the future; or cause damage to property; or engage in other conduct constituting a crime; or accuse any person of a crime or cause criminal charges to be instituted against the victim; or expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule.
  • Idaho Code Ann. § 18-6101
Rape of Spouse

No person shall be convicted of rape for any act or acts with that person’s spouse, unless:

  • Where she resists but her resistance is overcome by force or violence; or
  • Where she is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm; or is unable to resist due to any intoxicating, narcotic, or anesthetic substance.
  • Idaho Code Ann. § 18-6107
Male Rape

The penetration, however slight, of the oral or anal opening of another male, with the perpetrator’s penis, for the purpose of sexual arousal, gratification, or abuse, under any of the following circumstances:

  • Where the victim is under the age of 16 years and the perpetrator is 18 years of age or older;
  • Where the victim is 16 or 17 years and the perpetrator is three years or more older than the victim;
  • Where the victim is incapable, through any unsoundness of mind (temporary or permanent), of giving legal consent;
  • Where the victim resists but his resistance is overcome by force or violence;
  • Where the victim is prevented from resistance by threats of immediate and great bodily harm;
  • Where the victim is prevented from resistance by the use of any intoxicating, narcotic, or anesthetic substance administered by or with the privity of the perpetrator; or
  • Where the victim is at the time unconscious of the nature of the act, and this is known to the perpetrator.
  • Idaho Code Ann. § 18-6108
Sexual Contact With a Prisoner
  • Engaging in sexual contact with a prisoner or juvenile offender (not his/her spouse), whether an in-state or out-of-state prisoner/juvenile offender, by any employee of the Idaho department of correction, the Idaho department of juvenile corrections, or any officer, employee, or agent of a state, local, or private correctional facility; or
  • Knowingly engaging in sexual contact with any parolee or probationer (not his/her spouse), by any supervising officer.
  • Idaho Code Ann. § 18-6110
Statutory Rape

“Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While Idaho does not expressly penalize statutory rape, the offenses of rape and male rape target this conduct.

  • Statutory rape is rape if defendant penetrates, however slight, the oral, anal or vaginal opening with defendant’s penis of a  female and:
    • The female is under the age of 16 years and defendant is 18 years of age or older; or
    • The female is 16 or 17 years and defendant is three years or more older than the female.
  • Statutory rape is male rape if defendant penetrates, however slight, the oral or anal opening of another male, with defendant’s penis, for the purpose of sexual arousal, gratification, or abuse, and:
    • The victim is under the age of 16 years and the perpetrator is 18 years of age or older; or
    • The victim is 16 or 17 years and the perpetrator is three years or more older than the victim.
  • Idaho Code Ann. § 18-6101, -6108
Sodomy
  • Idaho does not criminalize consensual sodomy.
  • N/A





Illinois Definition Crime Definition Statute
Criminal Sexual Assault

An act of sexual penetration and defendant:

  • Uses force or threat of force;
  • Knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;
  • Is a family member of the victim, and the victim is under 18 years of age; or
  • Is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.
  • Ch. 720 Ill. Comp. Stat. 5/11-1.20
Aggravated Criminal Sexual Assault

(A) Committing criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or the same course of conduct as the commission of the offense:

  • Defendant displays, threatens to use, or uses a dangerous weapon, other than a firearm, or any object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
  • Defendant causes bodily harm to the victim;
  • Defendant acts in a manner that threatens or endangers the life of the victim or any other person;
  • Defendant commits the criminal sexual assault during the course of committing or attempting to commit any other felony;
  • The victim is 60 years of age or older;
  • The victim is a physically handicapped person;
  • Defendant delivers (by injection, ingestion, or any other means) any controlled substance to the victim without the victim’s consent or by threat/deception for other than medical purposes;
  • Defendant is armed with a  firearm;
  • Defendant personally discharges a firearm during the commission of the offense; or
  • Defendant personally charges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(B) If defendant is under the age of 17 years and:

  • Commits an act of sexual penetration with a victim who is under 9 years of age; or
  • Commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and defendant uses force or threat of force to commit the act.

(C) An act of sexual penetration with a victim who is a severely or profoundly intellectually disabled person.

  • Ch. 720 Ill. Comp. Stat. 5/11-1.30
Predatory Criminal Sexual Assault of a Child
  • Committing an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, when defendant is 17 years of age or older, and:
    • The victim is under 13 years of age; or
    • The victim is under 13 years of age and defendant:
      • Is armed with a firearm;
      • Personally discharges a firearm during the commission of the offense;
      • Causes great bodily harm to the victim that results in permanent disability or is life threatening; or
      • Delivers (by injection, ingestion, or any other means) any controlled substance to the victim without the victim’s consent or by threat/deception, for other than medical purposes.
  • Ch. 720 Ill. Comp. Stat. 5/11-1.40
Sodomy
  • Illinois does not penalize sodomy.
  • N/A





Indiana Definition Crime Definition Statute
Rape
  • Knowingly or intentionally having sexual intercourse with another person or knowingly or intentionally causing another person to perform or submit to other sexual conduct when:
    • The other person is compelled by force or imminent threat of force;
    • The other person is unaware that the sexual intercourse or other sexual contact is occurring; or
    • The other person is so mentally disabled or deficient that consent to sexual intercourse or other sexual contact cannot be given.
  • Ind. Code § 35-42-4-1 (as effective July 1, 2014)
Sexual Battery

With intent to arouse or satisfy defendant’s own sexual desires or the sexual desires of another person, defendant:

  • Touches another person when that person is:
  • Compelled to submit to the touching by force or the imminent threat of force; or
  • So mentally disabled or deficient that consent to the touching cannot be given; or
  • Touches another person’s genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring.
  • Ind. Code § 35-42-4-8 (as effective July 1, 2014)
Child Seduction
  • If defendant is at least 18 years of age and is:
    • The guardian, adoptive parent or grandparent, custodian, or stepparent of; or
    • The child care worker for;
    • a child at least 16 but less than 18 years of age; and
  • engages with the child in sexual intercourse or other sexual conduct, or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult.
  • If defendant:
    • Has or had a professional relationship with a child at least 16 but less than 18 years of age whom defendant knows to be at least 16 but less than 18 years of age;
    • May exert undue influence on the child because of defendant’s current or previous professional relationship with the child; and
    • Uses or exerts defendant’s professional relationship to engage in sexual intercourse, deviate sexual conduct, or any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the person.
  • Note: In determining whether defendant used or exerted defendant’s professional relationship with the child to engage in the penalized behavior, the trier of fact may consider:
    • The age difference between defendant and the child;
    • Whether defendant was in a position of trust with respect to the child;
    • Whether defendant’s conduct with the child violated any ethical obligations of defendant’s profession or occupation;
    • The authority that defendant had over the child;
    • Whether defendant exploited any particular vulnerability of the child;
    • Any other evidence relevant to defendant’s ability to exert undue influence over the child.
  • If defendant:
    • is a law enforcement officer who is at least five years older than a child who is at least 16 but less than 18;
    • has contact with the child while acting within the scope of the law enforcement officer's official duties with respect to the child; and
    • uses or exerts the law enforcement officer's professional relationship with the child to engage with the child in sexual intercourse, other sexual conduct or any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the law enforcement officer.
  • Ind. Code § 35-42-4-7
Sodomy
  • Indiana does not criminalize sodomy.
  • N/A





Iowa Definition Crime Definition Statute
Sexual Abuse in the First Degree
  • In the course of committing sexual abuse, defendant causes another serious injury
  • Iowa Code § 709.2
Sexual Abuse in the Second Degree

Committing sexual abuse under any of the following circumstances:

  • During the commission of sexual abuse defendant displays in a threatening manner a dangerous weapon, or uses or threatens to use force creating a substantial risk of death or serious injury to any person;
  • The other person is under the age of 12; or
  • Defendant is aided or abetted by one or more persons and the sex act is committed by force or against the will of the other person against whom the sex act is committed.
  • Iowa Code § 709.3
Sexual Abuse in the Third Degree

Performing a sex act under any of the following circumstances:

  • The act is done by force or against the will of the other person, whether or not the other person is the person’s spouse or is cohabiting with the person;
    • The other person is suffering from a mental defect or incapacity which precludes giving consent;
    • The other person is 12 or 13 years of age;
    • The other person is 14 or 15 years of age and:
      1. Defendant is a member of the same household as the other person;
      2. Defendant is related to the other person by blood or affinity to the fourth degree;
      3. Defendant is in a position of authority over the other person and uses that authority to coerce the other person to submit; or
      4. Defendant is four or more years older than the other person;
  • The act is between persons who are not at the time cohabiting as husband and wife and:
  • The act is performed while the other person is under the influence of a controlled substance, and:
    • The controlled substance prevents the other person from consenting to the act; and
    • Defendant knows or reasonably should have known that the other person was under the influence of the controlled substance; or
  • The act is performed while the other person is mentally incapacitated, physically incapacitated, or physically helpless.
  • Iowa Code § 709.4
Assault with Intent to Commit Sexual Abuse
  • Committing an assault with the intent to commit sexual abuse.
  • Iowa Code § 709.11
Statutory Rape

Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While Iowa does not expressly penalize statutory rape, sexual abuse in the 1st, 2d, and 3d degrees targets “statutory rape” under certain circumstances.

Statutory rape is Sexual Abuse (1st degree) if, in the course of the commission of the sex act, defendant causes another serious injury.

Statutory rape is Sexual Abuse (2d degree) if defendant performs any sex act and the victim is under the age of 12 years.

Statutory rape is Sexual Abuse (3d degree) if defendant and victim are not cohabiting at the time of the sex act and:

  • The other person is 12 or 13 years of age'
  • The other person is 14 or 15 years of age and:
    • Defendant is a member of the same household as the other person;
    • Defendant is related to the other person by blood or affinity to the fourth degree;
    • Defendant is in a position of authority over the other person and uses that authority to coerce the other person to submit; or
    • Defendant is four or more years older than the other person.
  • Iowa Code §§ 709.2 –.4
Sodomy
  • Iowa does not penalize sodomy.
  • N/A





Kansas Definition Crime Definition Statute
Rape
  • Knowingly engaging in sexual intercourse with another person who does not consent when:
    • The victim is overcome by force or fear
    • The victim is unconscious or physically powerless; or
  • Knowingly engaging in sexual intercourse with another person when that person is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender; or
  • Engaging in sexual intercourse with a child under 14 years of age; or
  • Engaging in sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or
  • Engaging in sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender's authority.
  • KAN. STAT. ANN. § 21-5503
Sexual Battery; Aggravated Sexual Battery
  • Sexual battery is the touching of a victim who is not the spouse of the offender, who does not consent and is older than 16, with the intent to arouse or satisfy the sexual desires of the offender or another.
  • Aggravated sexual battery is the touching of a nonconsenting victim who is 16 or more years of age with the intent to arouse or satisfy the sexual desires of the offender or another when:
    • The victim is overcome by force or fear;
    • The victim is unconscious or physically powerless; or
    • The victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by, or was reasonably apparent to, the offender
  • KAN. STAT. ANN. § 21-5505
Indecent Liberties with a Child

Indecent liberties with a child is engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age:

  • Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
  • soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.
  • KAN. STAT. ANN. 21-5506(a)
Aggravated Indecent Liberties with a Child

Aggravated indecent liberties with a child is:

  • Sexual intercourse with a child who is 14-16 years of age;
  • Engaging in any of the following acts with a child who is 14-16 years of age and who does not consent:
    • Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
    • Causing the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or
  • Engaging in any of the following acts with a child who is under 14:
    • Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
    • Soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another
  • KAN. STAT. ANN. 21-5506(b)
Statutory Rape

Kansas does not explicitly refer to a crime of “statutory rape.”  But several of the relevant statutes specifically penalize sex acts with minors: 

  • Sexual intercourse with a minor under 14 is a severity level 1, person felony
  • Sexual intercourse with a child between 14-16 years is a severity level 3, person felony
  • Engaging in lewd acts (see description of “Aggravated Indecent Liberties with a Child”) with a 14-16 year old is a severity level 4, person felony
  • Engaging in lewd acts with a child younger than 14 is a severity level 3, person felony
  • KAN. STAT. ANN. §§ 21-5503 et sequential
Sodomy (Criminal Sodomy and Aggravated Criminal Sodomy)

Criminal sodomy is:

  • Sodomy between persons who are 16 or more years of age and members of the same sex;
  • Sodomy between a person and an animal;
  • sodomy with a child who is 14 or more years of age but less than 16 years of age; or
  • Causing a child 14 or more years of age but less than 16 years of age to engage in sodomy with any person or animal.

Aggravated criminal sodomy is:

  • Sodomy with a child who is under 14 years of age;
  • Causing a child under 14 years of age to engage in sodomy with any person or an animal; or
  • Sodomy with a victim who does not consent to the sodomy or causing a victim, without the victim's consent, to engage in sodomy with any person or an animal under any of the following circumstances:
    • When the victim is overcome by force or fear;
    • When the victim is unconscious or physically powerless; or
    • When the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known
    • by, or was reasonably apparent to, the offender.
  • KAN. STAT. ANN. § 21-5504





Kentucky Definition Crime Definition Statute
Rape in the First Degree
  • Sexual intercourse by forcible compulsion; or
  • Sexual intercourse with someone who cannot consent because:
    • That person is physically helpless; or
    • That person is younger than 12.
  • KY. REV. STAT. ANN. § 510.040
Rape in the Second Degree

Occurs when someone who is 18 or older:

  • Has intercourse with someone younger than 14; or
  • Has intercourse with someone who is mentally incapacitated.
  • KY. REV. STAT. ANN. § 510.050
Rape in the Third Degree

Occurs when:

  • A person has intercourse with someone who is incapable of consent because of an intellectual disability;
  • A person is 21 or older and has intercourse with someone younger than 16;
  • A person is 21 or older and has intercourse with someone younger than 18 for whom he or she provides a foster home;
  • A person is in a position of authority or special trust and has intercourse with a minor whom that person met through the position of authority or trust; or
  • A person is employed by or otherwise related to the Kentucky correctional system and subjects another person the offender knows to be incarcerated, supervised, evaluated, or treated by the correctional system to sexual intercourse.
  • KY. REV. STAT. ANN. § 510.060
Sodomy in the First Degree
  • Deviate sexual intercourse  with another person by forced compulsion; or
  • Deviate sexual intercourse with another person who cannot consent because:
    • The victim is physically helpless; or
    • The victim is under 12 years old.
  • KY. REV. STAT. ANN. § 510.070
Sodomy in the Second Degree
  • Deviate sexual intercourse by someone 18 or older with someone younger than 14; or
  • Deviate sexual intercourse with someone who is mentally incapacitated
  • KY. REV. STAT. ANN. § 510.080
Sodomy in the Third Degree

Occurs when:

  • A person has deviate sexual intercourse with someone who is incapable of consent because of an intellectual disability;
  • A person is 21 or older and has deviate sexual intercourse with someone younger than 16;
  • A person is 21 or older and has deviate sexual intercourse with someone younger than 18 for whom he or she provides a foster home;
  • A person is in a position of authority or special trust and has deviate sexual intercourse with a minor whom that person met through their position of authority or trust; or
  • A person is employed by or otherwise related to the Kentucky correctional system and subjects another person the offender knows to be incarcerated, supervised, evaluated, or treated by the correctional system to deviate sexual intercourse.
  • KY. REV. STAT. ANN. § 510.090
Sexual Abuse in the First Degree

Occurs when:

  • A person subjects another person to sexual contact by forcible compulsion; or
  • Subjects another person to sexual contact who is incapable of consent because he or she:
    • Is physically helpless;
    • Is younger than 12 years old; or
    • Is mentally incapacitated; or
  • Being 21 or older, he or she:
    • Subjects another person who is younger than 16 to sexual contact;
    • Engages in masturbation in the presence of another person who is less than 16 years old and knows or has reason to know the other person is present; or
    • Engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than 16 years old, and the minor can see or hear the person masturbate; or
  • Being a person in a position of authority or position of special trust he or she, regardless of his or her age, subjects a minor younger than 18, with whom he or she comes into contact as a result of that position, to sexual contact or engages in masturbation in the presence of the minor and knows or has reason to know the minor is present or engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than 16 years old, and the minor can see or hear the person masturbate.
  • KY. REV. STAT. ANN. § 510.110
Sexual Abuse in the Second Degree

Occurs when:

  • Someone subjects another person to sexual contact who is incapable of consent because he or she is an individual with an intellectual disability;
  • The offender is at least 18 but younger than 21 and subjects another person who younger than 16 years old to sexual contact; or
  • A person is employed by or otherwise related to the Kentucky correctional system and subjects a person who is at least 18 and who he or she knows is incarcerated, supervised, evaluated, or treated by correctional system to sexual contact.
  • KY. REV. STAT. ANN. § 510.120
Sexual Abuse in the Third Degree
  • Subjecting another person to sexual contact without the latter's consent.
  • It is a defense that:
    • The other person's lack of consent was due solely to incapacity to consent by reason of being younger than 16; and
    • The other person was at least 14 years old; and
    • The actor was less than eighteen 18 years old.
  • KY. REV. STAT. ANN. § 510.130
Sexual Misconduct
  • Engaging in sexual intercourse or deviate sexual intercourse with another person without the latter's consent.
  • KY. REV. STAT. ANN. § 510.140
Statutory Rape

Statutory rape is not specifically penalized in Kentucky.  But several statutes criminalize specific sex acts with minors:

  • Sex with persons under 12 is first degree rape;
  • Sex with someone older than 12 but younger than 14 is second degree rape;
  • A 21 year old who has sexual intercourse with someone younger than 16 commits rape in the third degree;
  • Deviate sexual intercourse with someone younger than 12 is sodomy in the first degree;
  • Deviate sexual intercourse between an 18 year old and someone younger than 14 constitutes sodomy in the second degree;
  • Deviate sexual intercourse between a 21 year old and someone younger than 16 is sodomy in the third degree;
  • Sexual contact with someone younger than 12, or between someone 21 years old and someone younger than 16, constitutes sexual abuse in the first degree; and
  • Sexual contact between someone older than 18 but younger than 21 with someone younger than 16 is sexual abuse in the second degree.
  • KY. REV. STAT. ANN. § 510.040 et sequential





Louisiana Definition Crime Definition Statute
Aggravated Rape

Aggravated rape is a rape committed upon a person 65 or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:

  • When the victim resists the act to the utmost, but whose resistance is overcome by force;
  • When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution;
  • When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon;
  • When the victim is under 13.  Lack of knowledge of the victim's age shall not be a defense;
  • When two or more offenders participated in the act; or
  • When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.
  • LA. REV. STAT. ANN. § 14:42
Forcible Rape

Anal, oral, or vaginal sexual intercourse without the lawful consent of the victim because:

  • The victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape; and/or
  • The victim is incapable of resisting or of understanding the nature of the act by reason intoxication or abnormal condition of the mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim
  • LA. REV. STAT. ANN. § 14:42.1
Simple Rape

Anal, oral, or vaginal sexual intercourse without the lawful consent of a victim because it is committed under any one or more of the following circumstances:

  • The victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity;
  • The victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim's incapacity; or
  • The female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
  • LA. REV. STAT. ANN. § 14:43
Sexual Battery

Intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, when any of the following occur:

  • The offender acts without the consent of the victim;
  • The act is consensual but the other person, who is not the spouse of the offender, has not yet turned 15 and is at least three years younger than the offender;
  • The offender is 17 or older and any of the following exist:
    • The act is without consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:
      • The victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability; or
    • The victim is incapable, through unsoundness of mind, of understanding the nature of the act, and the offender knew or should have known of the victim's incapacity; or
  • The act is without consent of the victim, and the victim is sixty-five years of age or older.

Lack of knowledge of the victim's age shall not be a defense. However, normal medical treatment or normal sanitary care shall not be construed as an offense under the provisions of this Section.

  • LA. REV. STAT. ANN. § 14:43.1
Sexual Battery in the Second Degree

Intentionally engaging in any of the following acts with another person when the offender intentionally inflicts serious bodily injury on the victim:

  • The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or
  • The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.
  • LA. REV. STAT. ANN. § 14:43.2
Oral Sexual Battery

Intentional touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender, or the touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim, when any of the following occur:

  • The victim, who is not the spouse of the offender, is under 15 and is at least three years younger than the offender;
  • The offender is 17 or older and any of the following exist:
    • The act is without the consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:
      • The victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability.
      • The victim is incapable, through unsoundness of mind, of understanding the nature of the act, and the offender knew or should have known of the victim's incapacity; or
  • The act is without the consent of the victim, and the victim is sixty-five years of age or older.

Lack of knowledge of the victim's age shall not be a defense

  • LA. REV. STAT. ANN. § 14:43.3
Statutory Rape

Statutory rape is not specifically penalized in Louisiana.  But several statutes criminalize specific sex acts with minors:

  • Aggravated rape punishes sexual intercourse with someone under 13;
  • Sexual battery when, though the sex act is consensual, the victim is younger than 15 and at least three years younger than the offender; and
  • Oral sexual battery when the victim is younger than 15 and at least three years younger than the offender.
  • LA. REV. STAT. ANN. § 14:42 et sequential
Sodomy
  • Louisiana seemingly does not criminalize sodomy.
  • N/A





Maine Definition Crime Definition Statute
Gross Sexual Assault
  • Sexual act with another person and:
    • The other person submits as a result of compulsion;
    • The other person, not the actor's spouse, is under 14; or
    • The other person, not the actor's spouse, is under 12.
  • Sexual act with another person and:
    • The actor has substantially impaired the other person's power to appraise or control the other person's sexual acts by furnishing, administering or employing drugs, intoxicants or other similar means;
    • The actor compels or induces the other person to engage in the sexual act by any threat;
    • The other person suffers from mental disability that is reasonably apparent or known to the actor, and which in fact renders the other person substantially incapable of appraising the nature of the contact involved or of understanding that the person has the right to deny or withdraw consent;
    • The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual act;
    • The other person, not the actor's spouse, is under official supervision as a probationer, a parolee, a sex offender on supervised release, a prisoner on supervised community confinement status or a juvenile on community reintegration status or is detained in a hospital, prison or other institution, and the actor has supervisory or disciplinary authority over the other person;
    • The other person, not the actor's spouse, is under 18 and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official having instructional, supervisory or disciplinary authority over the student;
    • The other person, not the actor's spouse, has not attained the age of 18 years and is a resident in or attending a children's home, child care facility, facility operated by a family child care provider, children’s residential care facility, drug treatment center, licensed youth camp or similar school, facility or institution regularly providing care or services for children, and the actor is a teacher, employee or other person having instructional, supervisory or disciplinary authority over the other person;
    • The other person is under 18 years and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long-term care and welfare of that other person;
    • The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a current patient or client of the actor;
    • The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and the organization, program or residence recognizes the other person as a person with an intellectual disability or autism;
    • The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and suffers from a mental disability that is reasonably apparent or known to the actor; or
    • The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect.
  • ME. REV. STAT. tit. 17A, § 253
Sodomy
  • N/A
  • N/A
Statutory Rape
  • Maine does not specifically penalize statutory rape, but it does punish several crimes related to sexual acts with minors.
  • ME. REV. STAT. tit. 17A, § 253





Maryland Definition Crime Definition Statute
Rape in the First Degree
  • Vaginal intercourse with another by force or threat of force, without the consent of the other and defendant:
    • Employs/displays a dangerous weapon, or a physical object the victim reasonably believes is a dangerous weapon;
    • Inflicts serious physical injury on the victim or another in the course of committing the crime;
    • Threatens or places the victim in fear that the victim, or a 3rd person known to the victim, imminently will be subject to death, suffocation, etc.;
    • Commits the crime while aided and abetted by another; or
    • Commits the crime in connection with a burglary in the 1st, 2nd, or 3rd degree.
  • Md. Code Ann., Criminal Law § 3-303
Rape in the Second Degree

Vaginal intercourse with another:

  • By force, or the threat of force, without the consent of the other;
  • If the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, etc.; or
  • If the victim is under the age of 14 years, and the defendant is at least 4 years older than the victim.
  • Md. Code Ann., Criminal Law § 3-304 (West 2013).
Sexual Offense in the First Degree

Engaging in a sexual act with another by force, or the threat of force, without the consent of the other and:

  • Must employ/display a dangerous weapon, or a physical object the victim reasonably believes is a dangerous weapon;
  • Inflict serious physical injury on the victim or another in the course of committing the crime;
  • Threaten or place the victim in fear that the victim, or a 3rd person known to the victim, imminently will be subject to death, suffocation, etc.;  or
  • Commit the crime while aided and abetted by another; or
  • Commit the crime in connection with a burglary in the 1st, 2nd, or 3rd degree.
  • Md. Code Ann., Criminal Law § 3-305
Sexual Offense in the Second Degree

Engaging in a sexual act with another:

  • By force, or the threat of force, without the consent of the other;
  • If the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, etc.; or
  • If the victim is under the age of 14 years, and the defendant is at least 4 years older than the victim.
  • Md. Code Ann., Criminal Law § 3-306 (West 2013)
Sexual Offense in the Third Degree
  • 1) Engaging in sexual contact with another without the consent of the other; and:
    • Must employ/display a dangerous weapon, or a physical object the victim reasonably believes is a dangerous weapon;
    • Inflict serious physical injury on the victim or another in the course of committing the crime;
    • Threaten or place the victim in fear that the victim, or a 3rd person known to the victim, imminently will be subject to death, suffocation, etc.;
    • Commit the crime while aided and abetted by another;
  • (2) Engaging in sexual contact with another if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual;(3) Engaging in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;(4) Engaging in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or(5) Engaging in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.
  • Md. Code Ann., Criminal Law § 3-307
Sexual Offense in the Fourth Degree
  • Engaging in:
    • Sexual contact with another without the consent of the other;
    • Sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or
    • Vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.
  • A person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact, is a student enrolled at a school where the person in position of authority is employed.
  • A person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school where the person in position of authority is employed.
  • Md. Code Ann., Criminal Law § 3-308
Sexual Conduct Between Correctional or Juvenile Justice Employee and Inmate or Confined Child
  • Correctional employee with inmate:
    •  A correctional employee or any other individual working in a correctional facility may not engage in sexual contact, vaginal intercourse, or a sexual act with an inmate.
  • Juvenile Services employee with confined child:
    •  A person may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual confined to a child care institution licensed by the Department, a detention center for juveniles, or a facility for juveniles.
  • Md. Code Ann., Criminal Law § 3-314
Continuing Course of Conduct Against Child
  • Engaging in a continuing course of conduct which includes three or more acts that would constitute rape (1st or 2d degree) or sexual offense (1st, 2d, or 3d degree) over a period of 90 days or more, with a victim who is under the age of 14 years at any time during the course of conduct.
  • Md. Code Ann., Criminal Law § 3-315
Sodomy
  • Felony – imprisonment not exceeding 10 years
  • Md. Code Ann., Criminal Law § 3-321





Massachusetts Definition Crime Definition Statute
Rape
  • Sexual intercourse or unnatural sexual intercourse with a person, by force and against his will, or by threat of bodily injury.
  • MASS. GEN. LAWS. ANN. ch. 265, § 22
Forcible Rape of a Child
  • Sexual intercourse or unnatural sexual intercourse with a child under 16 by force and against child’s will or by threat of bodily injury.
  • MASS. GEN. LAWS. ANN. ch. 265, § 22A
Sodomy
  • Abominable and detestable crime against nature, either with mankind or with a beast.
  • MASS. GEN. LAWS. ANN. ch. 272, § 34
Inducement
  • Inducement of a person under 18 of chaste life to have unlawful sexual intercourse.
  • MASS. GEN. LAWS. ANN. CH. 272 §4
Rape of a Child During Commission of Certain Offenses

Sexual intercourse or unnatural sexual intercourse with a child under 16 by force and against child’s will or by threat of bodily injury and:

  • The intercourse or unnatural sexual intercourse is committed during the commission or attempted commission of any of the following offenses: (1) armed burglary; (2) unarmed burglary; (3) breaking and entering; (4) entering without breaking; (5) breaking and entering into a dwelling house; (6) kidnapping; (7) armed robbery; (8) unarmed robbery; (9) assault and battery with a dangerous weapon or assault with a dangerous weapon; (10) home invasion; or (11) posing or exhibiting child in state of nudity or sexual conduct;
  • The sexual intercourse or unnatural sexual intercourse results in, or is committed by means of an act or acts resulting in, substantial bodily injury;
  • The sexual intercourse or unnatural sexual intercourse is committed while the victim is tied, bound or gagged;
  • The sexual intercourse or unnatural sexual intercourse is committed after the defendant administered, or caused to be administered, alcohol or a controlled substance by injection, inhalation, ingestion, or any other means to the victim without the victim's consent;
  • The sexual intercourse or unnatural sexual intercourse is committed by a joint enterprise; or
  • The sexual intercourse or unnatural sexual intercourse was committed in a manner in which the victim could contract a sexually transmitted disease or infection of which the defendant knew or should have known he was a carrier.
  • MASS. GEN. LAWS. ANN. ch. 265, § 22B
Rape of a Child by Previously Convicted Offenders

Sexual intercourse or unnatural sexual intercourse with a child under 16 by force and against child’s will or by threat of bodily injury, by someone who has been previously convicted of or adjudicated delinquent or as a youthful offender for:

  • indecent assault and battery on a child under 14;
  • aggravated indecent assault and battery on a child under 14;
  • indecent assault and battery on a person 14 or older;
  • assault of a child with intent to commit rape;
  • rape of a child with force;
  • aggravated rape of a child with force;
  • rape and abuse of a child;
  • aggravated rape and abuse of a child;
  • rape; or
  • a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority.
  • MASS. GEN. LAWS. ANN. ch. 265, § 22C
Statutory Rape
  • Sexual intercourse or unnatural sexual intercourse with a child under 16.
  • MASS. GEN. LAWS. ANN. ch. 265, § 23
Aggravated Statutory Rape of a Child

Sexual intercourse or unnatural sexual intercourse with a child under 16 and:

  • there exists more than a 5 year age difference between the defendant and victim and the victim under 12;
  • there exists more than a 10 year age difference between the defendant and the victim and the victim is between 12 and 16; or
  • at the time of the intercourse, the defendant was a mandated reporter (i.e., doctor, teacher, other child advocate, etc.).
  • MASS. GEN. LAWS. ANN. ch. 265, § 23A
Statutory Rape of a Child by Previously Convicted Offenders

Sexual intercourse or unnatural sexual intercourse with a child under 16, by someone who has been previously convicted of or adjudicated delinquent or as a youthful offender for:

  1. indecent assault and battery on a child under 14;
  2. aggravated indecent assault and battery on a child under 14;
  3. indecent assault and battery on a person 14 or older;
  4. assault of a child with intent to commit rape;
  5. rape of a child with force; aggravated rape of a child with force;
  6. rape and abuse of a child;
  7. aggravated rape and abuse of a child; rape; or
  8. a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority.
  • MASS. GEN. LAWS. ANN. ch. 265, § 23B
Indecent Assault and Battery on Child Under 14

Indecent assault and battery on a child under 14.

  • MASS. GEN. LAWS. ANN. ch. 265, § 13B
Indecent Assault and Battery on Person 14 or Older
  • Indecent assault and battery on person 14 years or older.
  • MASS. GEN. LAWS. ANN. ch. 265, § 13H





Michigan Definition Crime Definition Statute
Criminal Sexual Conduct in the First Degree
  • Sexual penetration with another person and if any of the following circumstances exists:
    • That other person is under 13 years of age;
    • That other person is at least 13 but less than 16 years of age and any of the following:
      • The actor is a member of the same household as the victim;
      • The actor is related to the victim by blood or affinity to the fourth degree.
      • The actor is in a position of authority over the victim and used this authority to coerce the victim to submit;
      • The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled;
      • The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person; or
      • The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident, and the sexual penetration occurs during the period of that other person's residency;
    • Sexual penetration occurs under circumstances involving the commission of any other felony;
    • The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
      • The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless;
      • The actor uses force or coercion to accomplish the sexual penetration;
    • The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon;
    • The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact. 
    • The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless; or
    • That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
      • The actor is related to the victim by blood or affinity to the fourth degree; or
      • The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
  • MICH. COMP. LAWS ANN. § 750.520b
Criminal Sexual Conduct in the Second Degree

Sexual contact with another person when any of the following circumstances exists:

  • That other person is under 13 years of age;
  • That other person is at least 13 but less than 16 years of age and any of the following:
    • The actor is a member of the same household as the victim;
    • The actor is related by blood or affinity to the fourth degree to the victim;
    • The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit;
    • The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled;
    • The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person; or
    • The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident and the sexual contact occurs during the period of that other person's residency;
  • Sexual contact occurs under circumstances involving the commission of any other felony;
  • The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
    • The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless; or
    • The actor uses force or coercion to accomplish the sexual contact;
  • The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon;
  • The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact;
  • The actor causes personal injury to the victim and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless;
  • That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
    • The actor is related to the victim by blood or affinity to the fourth degree; or
    • The actor is in a position of authority over the victim and used this authority to coerce the victim to submit;
  • That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, the department of corrections who knows that the other person is under the jurisdiction of the department of corrections;
  • That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, a private vendor that operates a youth correctional facility, who knows that the other person is under the jurisdiction of the department of corrections;
  • That other person is a prisoner or probationer under the jurisdiction of a county for purposes of imprisonment or a work program or other probationary program and the actor is an employee or a contractual employee of or a volunteer with the county or the department of corrections who knows that the other person is under the county's jurisdiction; or
  • The actor knows or has reason to know that a court has detained the victim in a facility while the victim is awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor is an employee or contractual employee of, or a volunteer with, the facility in which the victim is detained or to which the victim was committed.
  • MICH. COMP. LAWS ANN. § 750.520c
Sodomy
  • Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal.
  • MICH. COMP. LAWS ANN. § 750.158
Criminal Sexual Conduct in the Third Degree
  • Sexual penetration with another person when any of the following circumstances exist:
    • That other person is at least 13 years of age and under 16 years of age;
    • Force or coercion is used to accomplish the sexual penetration;
    • The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless;
    • That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation;
    • That other person is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:
      • The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district. This subparagraph does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation; or
      • The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person;
    • That other person is at least 16 years old but less than 26 years of age and is receiving special education services, and either of the following applies:
      • The actor is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public school, nonpublic school, school district, or intermediate school district from which that other person receives the special education services. This subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation; or
      • The actor is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person; or
      • The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home, in which that other person is a resident, that other person is at least 16 years of age, and the sexual penetration occurs during that other person's residency.
  • MICH. COMP. LAWS ANN. § 750.520d
Criminal Sexual Conduct in the Fourth Degree
  • Sexual contact with another person when any of the following circumstances exist:
    • That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person;
    • Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances:
      • When the actor overcomes the victim through the actual application of physical force or physical violence;
      • When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat;
      • When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute that threat. As used in this subparagraph, “to retaliate” includes threats of physical punishment, kidnapping, or extortion;
      • When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable; or
      • When the actor achieves the sexual contact through concealment or by the element of surprise;
    • The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless;
    • That other person is related to the actor by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation;
    • The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse. The consent of the victim is not a defense to a prosecution under this subdivision. A prosecution under this subsection shall not be used as evidence that the victim is mentally incompetent;
    • That other person is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:
      • The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district. This subparagraph does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation; or
      • The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person;
    • That other person is at least 16 years old but less than 26 years of age and is receiving special education services, and either of the following applies:
      • The actor is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public school, nonpublic school, school district, or intermediate school district from which that other person receives the special education services. This subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation; or
      • The actor is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person; or
    • The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home, in which that other person is a resident, that other person is at least 16 years of age, and the sexual contact occurs during that other person's residency.
  • MICH. COMP. LAWS ANN. § 750.520e
Statutory Rape
  • Michigan does not use the term “statutory rape.”  But it does penalize various sex acts with minors. 
  • MICH. COMP. LAWS ANN. § 750.520b-e





Minnesota Definition Crime Definition Statute
Criminal Sexual Conduct in the First Degree
  • Sexual penetration or sexual contact with a person under 13, and
    • Complainant has reasonable fear of imminent great bodily harm to complainant or another, or
    • Actor is armed with a dangerous weapon (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens use of the weapon to cause the complainant to submit, or
    • Actor causes personal injury  any of the following circumstances exist:
      • Actor uses force or coercion to accomplish sexual penetration, or
      • Actor knows or has reason to know complainant was mentally impaired mentally incapacitated, or physically helpless.
    • Actor is aided and abetted and one of the following circumstances exist:
      • Accomplice uses force or coercion to cause complainant to submit, or
      • Accomplice is armed with a dangerous weapon (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens to use such weapon to cause complainant to submit.
    • Complainant is under 13 years of age, and actor is more than 36 months older than the complainant (neither mistake as to the complainant's age nor consent to the act by the complainant is a defense), or
    • Complainant is at least 13 but less than 16 years of age, and actor is more than 48 months older than the complainant, and in a position of authority over the complainant (neither mistake as to the complainant's age nor consent to the act by the complainant is a defense), or
    • The actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual penetration (neither mistake as to the complainant's age nor consent to the act by the complainant is a defense).
    • The actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual penetration, and the actor or an accomplice used force or coercion to accomplish the penetration, the complainant suffered personal injury, or the sexual abuse involved multiple acts committed over an extended period of time (neither mistake as to the complainant's age nor consent to the act by the complainant is a defense).
    • NOTE:  The Court of Appeals of Minnesota in In re Welfare of B.A.H., 829 N.W.2d 431 (Min. App. 2013) held that criminal sexual conduct in the first degree provision, as applied to a single party in a case where a person under the age of 16 engages in sexual penetration with another person under the age of 16 and each party has a significant relationship to the other, violates the Equal Protection Clause's mandate that persons similarly situated be treated alike.
  • Minn. Stat. § 609.342
Criminal Sexual Conduct in the Second Degree
    • Sexual contact, and
    • Complainant has reasonable fear of imminent great bodily harm to complainant or another, or
    • Actor is armed with a dangerous weapon (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens use of the weapon to cause the complainant to submit, or
    • Actor causes personal injury  and any of the following circumstances exist:
      • Actor uses force or coercion to accomplish the sexual contact, or
      • Actor knows or has reason to know complainant was mentally impaired, mentally incapacitated, or physically helpless.
    • Actor is aided or abetted and one of the following circumstances exist:
      • Accomplice uses force or coercion to cause complainant to submit, or
      • Accomplice is armed with a dangerous weapon, (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens to use such weapon to cause complainant to submit.
    • Complainant is under 13 years of age, and actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced, or
    • Complainant is at least 13 but less than 16 years of age, and actor is more than 48 months older than the complainant, and in a position of authority over the complainant.  Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense, or
    • The actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact (neither mistake as to the complainant's age nor consent to the act by the complainant is a defense). 
    • The actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact, and the actor or an accomplice used force or coercion to accomplish the penetration, the complainant suffered personal injury, or the sexual abuse involved multiple acts committed over an extended period of time (neither mistake as to the complainant's age nor consent to the act by the complainant is a defense).
  • Minn. Stat. § 609.343
Criminal Sexual Conduct in the Third Degree
  • Sexual penetration, and
    • Complainant is under 13 years of age and the actor is no more than 36 months older than the complainant (neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense), or
    • Complainant is at least 13 but less than 16 years of age and the actor is more than 24 months older than the complainant. If the actor is no more than 120 months older than the complainant, it shall be an affirmative defense (which must be proved by a preponderance of the evidence), that the actor reasonably believes the complainant to be 16 years of age or older. In all other cases, mistake as to age shall not be a defense. Consent is not a defense.  If the actor is no more than 48 months but more than 24 months older than the complainant, the actor may be sentenced to imprisonment for not more than five years or a fine of not more than $30k, or both.
    • The actor uses force or coercion, or
    • The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless, or
    • Complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant.  Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense, or
    • The actor has a significant relationship to the complainant and the complainant was at least 16 but less than 18 years of age at the time of the sexual penetration.  Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense, or
    • The actor has a significant relationship to the complainant and the complainant was at least 16 but less than 18 years of age at the time of the sexual penetration, and the actor or accomplice used force or coercion to accomplish the penetration, or the complainant suffered personal injury, or the sexual abuse involved multiple acts committed over an extended period of time. Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense.
Criminal Sexual Conduct in the Fourth Degree
  • Sexual contact, and
    • Complainant is under 13 years of age and the actor is no more than 36 months older than the complainant (Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense), or
    • Complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant or in a position of authority over the complainant. Consent is not a defense.  If the actor is no more than 120 months older than the complainant, it shall be an affirmative defense (which must be proved by a preponderance of the evidence), that the actor reasonably believes the complainant to be 16 years of age or older. In all other cases, mistake as to age shall not be a defense -- or
    • The actor uses force or coercion, or
    • The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless, or
    • Complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant.  Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense, or
    • The actor has a significant relationship to the complainant and the complainant was at least 16 but less than 18 years of age at the time of the sexual contact.  Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense, or
    • The actor has a significant relationship to the complainant and the complainant was at least 16 but less than 18 years of age at the time of the sexual contact, and the actor or accomplice used force or coercion to accomplish the contact, or the complainant suffered personal injury, or the sexual abuse involved multiple acts committed over an extended period of time.  Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense.
  • Minn. Stat. § 609.345
Criminal Sexual Conduct in the Fifth Degree
  • Person engages in nonconsensual sexual contact, or
  • Person engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.
  • Minn. Stat. § 609.3451
Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth.
  • Minnesota has no specific statutory rape statute, but criminal sexual conduct involving minors is captured under Minn. Stat. §§ 609.342-609.346.
  • For example, sexual penetration is a crime of the first degree if:
    • Complainant is under 13 years of age, and actor is more than 36 months older than the complainant, or
    • Complainant is between the age of 13 and 16, and actor is more than 48 months older than the complainant, and in a position of authority over the complainant, or
    • The actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual penetration, and the actor or an accomplice used force or coercion to accomplish the penetration, the complainant suffered personal injury, or the sexual abuse involved multiple acts committed over an extended period of time.
  • Minn. Stat. §§ 609.342-609.346
Sodomy (Criminal Sodomy and Aggravated Criminal Sodomy)
  • Carnally knowing any person by the anus, or
  • By or with the mouth.
  • Minn. Stat. 609.293





Mississippi Definition Crime Definition Statute
Rape; Assault with Intent to Ravish
  • Any person who assaults with intent to forcibly ravish any female of previous chaste character.
  • Miss. Code Ann. § 97-3-71
Sexual Battery

A person is guilty of sexual battery if he or she engages in sexual penetration with:

  • Another person without his or her consent, or
  • A mentally defective, mentally incapacitated or physically helpless person, or
  • A child at least 14 but under 16 years of age, if the person is 36 or more months older than the child, or
  • A child under 14 years of age, if the person is 24 or more months older than the child, or
  • A child under 18 years of age if the person is in a position of trust or authority over the child, including without limitation, the child’s teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.
  • Miss. Code Ann. § 97-3-95
Statutory Rape
  • The crime of statutory rape is committed when:
    • Any person 17 years of age or older has sexual intercourse with a child who
    • Is at least 14 but under 16 years of age, and
    • Is 36 months or more younger than the person, and
    • Is not the person’s spouse; or
    • A person of any age has sexual intercourse with a child who
      • Is under the age of fourteen years of age, and
      • Is 24 or more months younger than the person, and
      • Is not the person’s spouse.
  • Miss. Code Ann. § 97-3-65
"Unnatrual Intercourse"
  • The detestable and abominable crime against nature committed with mankind or with a beast.
  • Miss. Code Ann. § 97-29-59





Missouri Definition Crime Definition Statute
First Degree Rape

A person commits the crime of rape in the first degree if:

  • Such person has sexual intercourse with another person who is incapacitated, incapable of consent or lacks the capacity to consent or by the use of forcible compulsion.
  • Mo. Rev. Stat. § 566.030
Statutory Rape in the First Degree
  • A person commits the crime of statutory rape in the first degree if:
    • He has sexual intercourse with another person who is less than 14 years of age.
  • Mo. Rev. Stat. § 566.032
Second Degree Rape

A person commits the crime of rape in the second degree if:

  • Such person has sexual intercourse with another person knowing that he or she does so without that person’s consent.
  • Mo. Rev. Stat. § 566.031
Statutory Rape in the Second Degree

A person commits the crime of statutory rape in the second degree if:

  • Being 21 years of age or older,
  • He has sexual intercourse with another person who is less than 17 years of age.
  • Mo. Rev. Stat. § 566.034
Sodomy (First and Second Degree)
  • A person commits the crime of sodomy in the first degree if:
    • Such person has deviate sexual intercourse with another person who is incapacitated, incapable of consent or lacks the capacity to consent, or by the use of forcible compulsion.
  • A person commits the crime of sodomy in the second degree if:
    • Such person has deviate sexual intercourse with another person knowing that he or she does so without that person’s consent.
  • Mo. Rev. Stat. § 566.060; § 566.061
Sexual Assault

A person commits the crime of sexual assault if he:

  • Has sexual intercourse with another person knowing that he does so without the person’s consent.
  • Mo. Rev. Stat. § 566.040
Deviate Sexual Assault
  • Deviate sexual intercourse with another person
  • Knowing that he does so without that person’s consent
  • Mo. Rev. Stat. §566.070
Child Molestation (First and Second Degree)
  • A person commits the crime of child molestation in the first degree if:
    • Such person subjects another person who is less than 14 to sexual contact.
  • A person commits the crime of child molestation in the second degree if:
    • Such person subjects another person who is less than 17 to sexual contact.
  • Mo. Rev. Stat. § 566.067; § 566.068
Sexual Misconduct Inovling a Child

A person commits the crime of sexual misconduct involving a child if such person:

  • Knowingly exposes his or her genitals to a child less than fifteen under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm to the child;
  • Knowingly exposes his or her genitals to a child less than fifteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child;
  • Knowingly coerces or induces a child less than fifteen years of age to expose the child's genitals for the purpose of arousing or gratifying the sexual desire of any person, including the child; or
  • Knowingly coerces or induces a child who is known by such person to be less than fifteen years of age to expose the breasts of a female child through the Internet or other electronic means for the purpose of arousing or gratifying the sexual desire of any person, including the child.

These provisions apply regardless of whether the person violates the provisions in person or through the Internet.

  • Mo. Rev. Stat. §§ 566.083
Sexual Contact with a Student

A person commits the crime of sexual contact with a student if he or she has sexual contact with a student of a public school and is:

  • a teacher;
  • a student teacher
  • an employee of the school
  • a volunteer of the school or of an organization working with the school on a project or program who is not a student at the public school
  • an elected or appointed official of the public school district; or
  • a person employed by an entity that contracts with the public school district to provide services
  • Mo. Rev. Stat. § 566.086
Sexual Misconduct (First and Second Degree)
  • A person commits the crime of sexual misconduct in the first degree if such person:
    • Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm, or
    • Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm, or
    • Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.
  • A person commits the crime of sexual misconduct in the second degree if:
    • He or she solicits or requests another person to engage in sexual conduct under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm.
  • Mo. Rev. Stat. § 566.093
Statutory Sodomy (First and Second Degree)
  • A person commits the crime of statutory sodomy in the first degree if:
    • He has deviate sexual intercourse with another person who is less than 14 years old.
  • A person commits the crime of statutory sodomy in the second degree if:
    • He is 21 years of age and
    • has deviate sexual intercourse with another person who is less than 17 years of age.
  • Mo. Rev. Stat. §§ 566.062 & 566.064
Sexual Abuse (First and Second Degree)
  • A person commits the offense of sexual abuse in the first degree if he or she subjects another person to sexual contact when that person is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion.  
  • A person commits the offense of sexual abuse in the second degree if he or she purposely subjects another person to sexual contact without that person’s consent. 
  • Mo. Rev. Stat. § 566.100; 566.101





Montana Definition Crime Definition Statute
Sexual Intercourse Without Consent
  • A person who knowingly has sexual intercourse without consent with another person.
  • A person may not be convicted under this section based on the age of the person’s spouse.
  • Mont. Code Anno. § 45-5-503
Sexual Assault
  • A person who knowingly subjects another person to any sexual contact without consent.
  • Mont. Code Anno. § 45-5-502
Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth.
  • Montana has no specific statutory rape statute, but “statutory rape” is captured under Mont. Code Anno.  § 45-5-503:
    • If the victim is less than 16 years old and the offender is 4 or more years older than the victim, or
    • The victim was 12 years of age or younger and the offender was 18 years of age or older at the time of the offense.
  • Mont. Code Anno. § 45-5-503
Indecent Expsoure

A person commits the offense of indecent exposure if:

  • The person knowingly or purposely exposes the person’s genitals under circumstances in which the person knows the conduct is likely to cause affront or alarm in order to:
    • Abuse, humiliate, harass, or degrade another, or
    • Arouse or gratify the person’s own sexual response or desire or the sexual response or desire of any person.
  • Mont. Code Anno. § 45-5-504
“Deviate Sexual Conduct” (including Sodomy)
  • A person who knowingly engages in deviate sexual relations, or
  • Who causes another to engage in deviate sexual relations.
  • Mont. Code Anno. § 45-8-218
Incest

A person commits the offense of incest if:

  • The person knowingly marries, cohabits with, or has sexual intercourse with, or
  • Has sexual contact with an:
    • Ancestor, descendant, brother or sister of the whole or half blood, or any stepson or stepdaughter.
  • Mont. Code Anno. § 45-5-507





Nebraska Definition Crime Definition Statute
Sexual Assault in the First Degree
  • Any person who subjects another person to sexual penetration:
    • Without the consent of the victim, or
    • Who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct, or
    • When the actor is 19 years of age or older and the victim is at least 12 but less than 16 years of age.
  • R.R.S. Neb. § 28-319
Sexual Assault in the Second or Third Degree
  • Any person who subjects another person to sexual contact
    • Without consent of the victim, or
    • Who knew that the victim was physically or mentally incapable of resisting or appraising the nature of his or her conduct.
  • R.R. S. Neb. § 28-320
Sexual Assault of a Child
  • Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth.
    • Nebraska has no specific statutory rape statute, but this concern is captured under R.S.S. Neb. § 28-319.01“Sexual Assault of a Child.”
  • In the first degree:
    • He or she subjects another person under 12 years of age to sexual penetration and the actor is at least 19 years of age or older, or
    • When he or she subjects another person who is at least 12 years of age but less than 16 years of age to sexual penetration and the actor is 25 years of age or older.
  • In the second degree:
    • He or she subjects another person 14 years of age or younger to sexual contact and the actor is at least 19 years of age or older, and
    • Actor causes serious personal injury to the victim.
  • In the third degree:
    • He or she subjects another person 14 years of age or younger to sexual contact and the actor is at least 19 years of age or older, and
    • Actor does not cause serious personal injury to the victim.
  • R.S.S. Neb. § 28-319.01
Sexual Assault of an Inmate or Parolee
  • A person commits the offense of sexual abuse of an inmate or parolee if:
    • Such person subjects an inmate or parolee to sexual penetration (first degree), or
    • Such person subjects an inmate or parolee to sexual contact (second degree).
  • R.R.S. Neb. § 28-322
Incest
  • Any person who shall knowingly intermarry or engage in sexual penetration with any person who falls within the degrees of consanguinity set forth in § 28-702 or any person who engages in sexual penetration with his or her minor stepchild commits incest.
  • R.R.S. Neb. § 28-703
Sodomy
  • Nebraska does not have an anti-sodomy law on the books.
  • N/A





Nevada Definition Crime Definition Statute
Sexual Assault

A person is guilty of sexual assault if:

  • The person subjects another person to sexual penetration, or
  • Forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct.
  • Nev. Rev. Stat. Ann. § 200.366
Statutory Sexual Seduction
  • Ordinary sexual intercourse, anal intercourse, cunnilingus, or fellatio committed by a person 18 years of age or older with a person under the age of 16 years, or
  • Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.

Nev. Rev. Stat. Ann. § 200.368

Incest
  • Persons being with the degree of consanguinity within which marriages are declared by law to be incestuous and void who intermarry with each other, or
  • Who commit fornication or adultery with each other.
  • Nev. Rev. Stat. Ann. § 201.180
Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth.
    • Nevada has no specific statutory rape statute, but addresses similar concerns under Nev. Rev. Stat. Ann. § 200.366, “Sexual Assault,” and Nev. Rev. Stat. Ann. § 200.368, “Statutory Sexual Seduction.”
  • Under Nev. Rev. Stat. Ann. § 200.366:
    • A person who commits a sexual assault against a child under the age of 16 years.
  • Nev. Rev. Stat. Ann. § 200.366 & Nev. Rev. Stat. Ann. § 200.368
Sodomy
  • Nevada no longer has an anti-sodomy law, except for § 201.195, regarding minors.
  • Nev. Rev. Stat. Ann. § 201.193 – REPEALED.





New Hampshire Definition Crime Definition Statute
Aggravated Felonious Sexual Assault

A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration with another person under any of the following circumstances:

  • When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength, or
  • When the victim is physically helpless to resist, or
  • When the actor coerces the victim to submit by threatening to use physical violence or superior physical strength on the victim, and the victim believes that the actor has the present ability to execute those threats, or
  • When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future, or
  • When the victim submits under circumstances involving false imprisonment, kidnapping or extortion, or
  • When the actor, without the prior knowledge or consent of the victim, administers or has knowledge of another person administering the victim any intoxicating substance which mentally incapacitates the victim, or
  • When the actor provides therapy, medical treatment, or examination of the victim and in the course of that therapeutic or treating relationship or within one year of termination of that therapeutic or treating relationship, acts in a manner or for purposes which are not professionally recognized as ethical or acceptable, or uses this position as such provider to coerce the victim to submit, or
  • When, except as between legally married spouses, the victim has a disability that renders him or her incapable of freely arriving at an independent choice as to whether or not to engage in sexual conduct, and the actor knows or has reason to know that the victim has such a disability, or
  • When the actor through concealment or by the element of surprise is able to cause sexual penetration with the victim before the victim has an adequate chance to flee or resist, or
  • When at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act, or
  • When the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit (i.e. disciplinary authority, or probation or parole officer).
  • RSA 632-A:2
Felonious Sexual Assault

A person is guilty of a class B felony if such person:

  • Subjects a person to sexual contact and causes serious personal injury to the victim under any of the circumstances in RSA 632-A:2 (Aggravated Felonious Sexual Assault), or
  • Engages in sexual penetration with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more, or
  • Engages in sexual contact with a person other than his legal spouse who is under 13 years of age, or
  • Engages in sexual contact with a person, or causes the person to engage in sexual contact on himself in the presence of the actor, when the actor is in a position of authority over the person and uses that authority to coerce the victim to submit (i.e.  disciplinary authority, or probation or parole officer);
  • Consent of the victim under any of the circumstance s set forth in this paragraph shall not be considered a defense.
  • RSA 632-A:3
Sexual Assault

A person is guilty of a class A misdemeanor under any of the following circumstances:

  • When the actor subjects another person who is 13 years of age or older to sexual contact under any circumstances named in RSA 632-A:2, or
  • When the actor subjects another person, other than the actor’s legal spouse, who is 13 years of age or older and under 16 years of age to sexual contact where the age difference between the actor and the other person is 5 years or more, or
  • In the absence of the circumstances set forth in RSA 632-A:2, when the actor engages in sexual penetration with a person, other than the actor’s legal spouse, who is 13 years of age or older and under 16 years of age, where the age difference between the actor and the other person is 4 years or less.
  • RSA 632-A:4
Incest
  • New Hampshire has no specific statutory rape statute, but this concept is captured under RSA 632-A:2, “Aggravated Felonious Sexual Assault.”
    • A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration when:
      • Except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and
      • the actor is a member of the same household of the victim, or
      • the actor is related by blood or affinity to the victim.
  • The victim is under 18 years of age and such person knows the victim to be his or her ancestor, descendant, brother or sister of the whole or half blood, uncle, aunt, nephew, or niece. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption
  • RSA 632-A:2
Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth.
    • New Hampshire has no specific statutory rape statute, but this concept is captured under RSA 632-A:2, “Aggravated Felonious Sexual Assault.”
  • A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration when:
    • Except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit, or
    • The victim is less than 13 years of age.
  • Also, a person is guilty of aggravated felonious sexual assault without penetration, when:
    • He intentionally touches whether directly, through clothing, or otherwise, the genitalia of a person under the age of 13 under circumstances that can reasonably be construed as being for the purpose of sexual arousal or gratification.
  • A person is guilty of aggravated felonious sexual assault when:
    • Such person engages in a pattern of sexual assault against another person, not the actor’s legal spouse, who is less than 16 years of age.
  • A person is guilty of aggravated felonious sexual assault when:
    • Such person engages in sexual penetration with another person under 18 years of age whom such person knows to be his or her ancestor, descendant, brother, or sister, of the whole or half blood, uncle, aunt, nephew, or niece. These relationships include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption.
  • Further provisions regarding sexual assault and minors can be found in RSA 632:A3 & A4.

  • RSA 632-A:2
Sodomy
  • New Hampshire does not appear to have an anti-sodomy statute on the books.
  • N/A





New Jersey Definition Crime Definition Statute
Aggravated Sexual Assault in the First Degree

Committing an act of sexual penetration with another person under any one of the following circumstances:

  • The victim is less than 13 years old;
  • The victim is at least 13 but less than 16 years old; and
    • The actor is related to the victim by blood or affinity to the third degree, or
    • The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or
    • The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
  • The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
  • The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
  • The actor is aided or abetted by one or more other persons [and the actor uses physical force or coercion;
  • The actor uses physical force or coercion and severe personal injury is sustained by the victim; or
  • The victim is one whom the actor knew or should have known was physically helpless, mentally incapacitated, or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent. 
  • N.J.S.A. 2C:14-2(a)
Sexual Assault in the Second Degree
  • An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.
  • Committing an act of sexual penetration with another person under any one of the following circumstances:
    • The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
    • The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;
    • The victim is at least 16 but less than 18 years old and:
      • The actor is related to the victim by blood or affinity to the third degree; or
      • The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
      • The actor is a resource family parent, a guardian, or stands in loco parentis within the household; or
    • The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.
  • N.J.S.A. 2C:14-2(b-c)
Aggravated Criminal Sexual Assault in the Third Degree
  • Committing an act of sexual contact under any of the circumstances listed under (2) through (7) for Aggravated Sexual Assault – 1st Degree.
  • N.J.S.A. 2C:14-3
Criminal Sexual Contact in the Fourth Degree

Committing an act of sexual contact under any of the following circumstances:

  • The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
  • The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status; or
  • The victim is at least 16 but less than 18 years old and:
    • The actor is related to the victim by blood or affinity to the third degree; or
    • The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
    • The actor is a resource family parent, a guardian, or stands in loco parentis within the household; or
  • The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim
  • N.J.S.A. 2C:14-3





New Mexico Definition Crime Definition Statute
Criminal Sexual Penetration in the First Degree

All criminal sexual penetration perpetrated:

  • on a child under thirteen years of age; or
  • by the use of force or coercion that results in great bodily harm or great mental anguish to the victim.
  • N.M. Stat. Ann. § 30-9-11(D)
Criminal Sexual Penetration in the Second Degree

All criminal sexual penetration perpetrated:

  • by the use of force or coercion on a child thirteen to eighteen years of age;
  • on an inmate confined in a correctional facility or jail when the perpetrator is in a position of authority over the inmate;
  • by the use of force or coercion that results in personal injury to the victim;
  • by the use of force or coercion when the perpetrator is aided or abetted by one or more persons;
  • in the commission of any other felony; or
  • when the perpetrator is armed with a deadly weapon.
  • N.M. Stat. Ann. § 30-9-11(E)
Criminal Sexual Penetration in the Third Degree
  • All criminal sexual penetration perpetrated through the use of force or coercion not otherwise specified in § 30-9-11.
  • N.M. Stat. Ann. § 30-9-11(F)
Criminal Sexual Penetration in the Fourth Degree

All criminal sexual penetration:

  • not defined in as Criminal Sexual Penetration in the 1st, 2nd or 3rd degree perpetrated on a child thirteen to sixteen years of age when the perpetrator is at least eighteen years of age and is at least four years older than the child and not the spouse of that child; or
  • perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school.
  • N.M. Stat. Ann. § 30-9-11(G)
Aggravated Criminal Sexual Penetration in the First Degree
  • All criminal sexual penetration perpetrated on a child under thirteen years of age with an intent to kill or with a depraved mind regardless of human life.
  • N.M. Stat. Ann. § 30-9-11(C)
Criminal Sexual Contact in the Fourth Degree
  • The unlawful and intentional touching of or application of force, without consent, to the unclothed intimate parts (primary genital area, groin, buttocks, anus or breast)  of another who has reached his eighteenth birthday, or intentionally causing another who has reached his eighteenth birthday to touch one's intimate parts that is perpetrated:
    • by the use of force or coercion that results in personal injury to the victim;
    • by the use of force or coercion when the perpetrator is aided or abetted by one or more persons; or
    • when the perpetrator is armed with a deadly weapon.
  • These actions do not include touching by a psychotherapist on a patient that is: (1) inadvertent; (2) casual social contact not intended to be sexual in nature; or (3) generally recognized by mental health professionals as being a legitimate element psychotherapy. 
  • N.M. Stat. Ann. § 30-9-12
Criminal Sexual Contact - Misdemeanor
  • The unlawful and intentional touching of or application of force, without consent, to the unclothed intimate parts (primary genital area, groin, buttocks, anus or breast)  of another who has reached his eighteenth birthday, or intentionally causing another who has reached his eighteenth birthday to touch one's intimate parts that is perpetrated with the use of force or coercion.
  • N.M. Stat. Ann. § 30-9-12 (D)
Criminal Sexual Contact of a Minor in the Second Degree
  • Criminal sexual contact of a minor when perpetrated:
    • on a child under thirteen years of age; or
    • on a child thirteen to eighteen years of age when:
    • the perpetrator is in a position of authority over the child and uses that authority to coerce the child to submit;
    • the perpetrator uses force or coercion that results in personal injury to the child;
    • the perpetrator uses force or coercion and is aided or abetted by one or more persons; or
    • (d) the perpetrator is armed with a deadly weapon.
  • N.M. Stat. Ann. § 30-9-13 (B)
Criminal Sexual Contact of a Minor in the Third Degree
  • Criminal sexual contact of a minor when perpetrated:
    • on a child under thirteen years of age; or
    • on a child thirteen to eighteen years of age when:
      • the perpetrator is in a position of authority over the child and uses that authority to coerce the child to submit;
      • the perpetrator uses force or coercion that results in personal injury to the child;
      • the perpetrator uses force or coercion and is aided or abetted by one or more persons; or
      • the perpetrator is armed with a deadly weapon.
  • N.M. Stat. Ann. § 30-9-13 (C)
Criminal Sexual Contact of a Minor in the Fourth Degree
  • The unlawful and intentional touching of or applying force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one's intimate parts (primary genital area, groin, buttocks, anus or breast.):
    • not defined as Criminal Sexual Contact of a Minor in the 3rd degree, perpetrated with force or coercion, on a child thirteen to eighteen years of age; or
    • of a minor perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school.
  • N.M. Stat. Ann. § 30-9-13 (D)





New York Definition Crime Definition Statute
Rape in the First Degree
  • Engaging in sexual intercourse with another person:
    • By forcible compulsion; or
    • Who is incapable of consent by reason of being physically helpless; or
    • Who is less than eleven years old; or
    • Who is less than thirteen years old and the actor is eighteen years old or more.
  • N.Y. Penal Law § 130.35
Rape in the Second Degree
  • Being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or
    • It shall be an affirmative defense to this crime if the defendant was less than four years older than the victim at the time of the act.
  • Engaging in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.
  • N.Y. Penal Law § 130.30
Rape in the Third Degree
  • Engaging in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
  • Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
  • Engaging in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
  • N.Y. Penal Law § 130.25
Sexual Misconduct
  • Engaging in sexual intercourse with another person without such person's consent; or
  • Engaging in oral sexual conduct or anal sexual conduct with another person without such person's consent; or
  • Engaging in sexual conduct with an animal or a dead human body.
  • N.Y. Penal Law § 130.20
Criminal Sexual Act in the First Degree
  •  Engaging in oral sexual conduct or anal sexual conduct with another person:
    • By forcible compulsion; or
    • Who is incapable of consent by reason of being physically helpless; or
    • Who is less than eleven years old; or
    • Who is less than thirteen years old and the actor is eighteen years old or more.
  • N.Y. Penal Law § 130.50
Criminal Sexual Act in the Second Degree
  • Being eighteen years old or more, he or she engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old; or
    • It shall be an affirmative defense to this crime if the defendant was less than four years older than the victim at the time of the act.
  • Engaging in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.
  • N.Y. Penal Law § 130.45
Criminal Sexual Act in the Third Degree
  • Engaging in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years old;
  • Being twenty-one years old or more, he or she engages in oral sexual conduct or anal sexual conduct with a person less than seventeen years old; or
  • He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
  • N.Y. Penal Law § 130.40
Forcible Touching - Misdemeanor
  • Intentionally, and for no legitimate purpose, forcibly touching the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor's sexual desire.
    • For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.
  • N.Y. Penal Law § 130.52
Predatory Sexual Assault
  • Committing the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, and when:
    • In the course of the commission of the crime or the immediate flight therefrom, he or she:
      • Causes serious physical injury to the victim of such crime; or
      • Uses or threatens the immediate use of a dangerous instrument; or
    • He or she has engaged in conduct constituting the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, against one or more additional persons; or
    • He or she has previously been subjected to a conviction for a felony defined in this article, incest as or use of a child in a sexual performance.
  • N.Y. Penal Law §130.95
Predatory Sexual Assault Against a Child
  • Committing the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, and the victim is less than 13 years old, when the person is eighteen years old or more.
  • N.Y. Penal Law §130.96
Course of Sexual Conduct Against a Child in the First Degree
  • When, over a period of time not less than three months in duration, a person:
    • engages in two or more acts of sexual conduct, which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct or aggravated sexual contact, with a child less than eleven years old; or
    • who is 18 years old or more, engages in two or more acts of sexual conduct, which include at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct or aggravated sexual contact, with a child less than thirteen years old.
  • A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.
  • N.Y. Penal Law §130.75
Course of Sexual Conduct Against a Child in the Second Degree
  • When, over a period of time not less than three months in duration, a person:
    • engages in two or more acts of sexual conduct with a child less than 11 years old; or
    • who is eighteen years old or more, engages in two or more acts of sexual conduct with a child less than 13 years old.
  • A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.
  • N.Y. Penal Law §130.80





North Carolina Definition Crime Definition Statute
Rape in the First Degree

Engaging in vaginal intercourse:

  • With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
  • With another person by force and against the will of the other person, and:
    • Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
    • Inflicts serious personal injury upon the victim or another person; or
    • The person commits the offense aided and abetted by one or more other persons.

 

Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child.

  • N.C. Gen. Stat. Ann. § 14-27.2
Rape in the Second Degree

Engaging in vaginal intercourse with another person:

  • By force and against the will of the other person; or
  • Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.

Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child.

  • N.C. Gen. Stat. Ann. § 14-27.3
Rape of a Child; Adult Offender
  • When a person is at least 18 years of age and engages in vaginal intercourse with a victim who is a child under the age of 13 years.
  • Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child.
  • N.C. Gen. Stat. Ann. § 14-27.2A
Sexual Offense in the First Degree

Engaging in a sexual act:

  • With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
  • With another person by force and against the will of the other person, and:
    • Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
    • Inflicts serious personal injury upon the victim or another person; or
    • The person commits the offense aided and abetted by one or more other persons.
  • N.C. Gen. Stat. Ann. § 14-27.4
Sexual Offense in the Second Degree
  • Engaging in a sexual act with another person:
    • By force and against the will of the other person; or
    • Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
  • N.C. Gen. Stat. Ann. § 14-27.5
Sexual Offense with a Child; Adult Offender
  • When a person of at least 18 years of age engages in a sexual act with a victim who is a child under the age of 13 years.
  • N.C. Gen. Stat. Ann. § 14-27.4A
Sexual Battery
  • If, for the purpose of sexual arousal, sexual gratification, or sexual abuse, a person engages in sexual contact with another person:
    • By force and against the will of the other person; or
    • Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
  • N.C. Gen. Stat. Ann. § 14-27.5A
Intercourse and Sexual Offenses with Certain Victims (Parent/Person Having Custody)
  • When a person has assumed the position of a parent in the home of a minor victim and engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, or if a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim.
  • N.C. Gen. Stat. Ann. § 14-27.7
Intercourse and Sexual Offenses with Certain Victims (teacher, school administrator, student teacher, school safety officer or coach)
  • When a person who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel, and who is at least four years older than the victim engages in vaginal intercourse or a sexual act with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school, but before the victim ceases to be a student, except when the defendant is lawfully married to the student.
  • N.C. Gen. Stat. Ann. § 14-27.7
Statutory Rape or Sexual Offense of a Person Who is 13, 14, or 15 Years Old
  • Engaging in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person.
  • Engaging in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person.
  • N.C. Gen. Stat. Ann. § 14-27.7A
Crime Against Nature (Sodomy)
  • The crime against nature, with mankind or beast.
  • Note: Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas.
  • N.C. Gen. Stat. Ann. § 14-177





North Dakota Definition Crime Definition Statute
Gross Sexual Imposition

Engaging in a sexual act with another, or causing another to engage in a sexual act, if:

  • That person compels the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being;
  • That person or someone with that person's knowledge has substantially impaired the victim's power to appraise or control the victim's conduct by administering or employing without the victim's knowledge intoxicants, a controlled substance as defined in chapter 19-03.1, or other means with intent to prevent resistance;
  • That person knows or has reasonable cause to believe that the victim is unaware that a sexual act is being committed upon him or her;
  • The victim is less than fifteen years old; or
  • That person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders him or her incapable of understanding the nature of his or her conduct.

Engaging in sexual contact with another, or causing another to engage in sexual contact, if:

  • The victim is less than fifteen years old;
  • That person compels the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being; or
  • That person knows or has reasonable cause to believe that the victim is unaware that sexual contact is being committed on the victim.
  • N.D. Cent. Code Ann. § 12.1-20-03
Continuous Sexual Abuse of a Child
  • Engaging in any combination of three or more sexual acts or sexual contacts with a minor under the age of fifteen years during a period of three or more months.
  • N.D. Cent. Code Ann. § 12.1-20-03.1
Sexual Imposition
  • Engaging in a sexual act or sexual contact with another, or causing another to engage in a sexual act or sexual contact, if the actor:
    • Compels the other person to submit by any threat or coercion that would render a person reasonably incapable of resisting; or
    • Engages in a sexual act or sexual contact with another, whether consensual or not, as part of an induction, initiation, ceremony, pledge, hazing, or qualification to become a member or an associate of any criminal street gang
  • N.D. Cent. Code Ann. § 12.1-20-04
Corruption or Solicitation of Minors
  • Engaging in, soliciting with the intent to engage in, or causing another to engage in a sexual act with a minor, when the actor is an adult.
  • Soliciting with the intent to engage in a sexual act with a minor under age fifteen or engages in or causing another to engage in a sexual act when the adult is at least twenty-two years of age and the victim is a minor fifteen years of age or older, when the actor is an adult.
  • N.D. Cent. Code Ann. § 12.1-20-05
Sexual Abuse of Wards
  • Engaging in a sexual act with another person, or causing another to engage in a sexual act if the other person is in official custody or detained in a hospital, prison, or other institution and the actor has supervisory or disciplinary authority over the other person.
  • N.D. Cent. Code Ann. § 12.1-20-06
Sexual Exploitation by Therapist
  • When a person who holds oneself out to be a therapist and Intentionally has sexual contact with a patient or client during any treatment, consultation, interview, or examination
  • N.D. Cent. Code Ann. § 12.1-20-06.1
Sexual Assault

Knowingly having sexual contact with another person, or causing another person to have sexual contact with that person, if:

  • That person knows or has reasonable cause to believe that the contact is offensive to the other person;
  • That person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders that other person incapable of understanding the nature of that other person's conduct;
  • That person or someone with that person's knowledge has substantially impaired the victim's power to appraise or control the victim's conduct, by administering or employing without the victim's knowledge intoxicants, a controlled substance as defined in chapter 19-03.1, or other means for the purpose of preventing resistance;
  • The other person is in official custody or detained in a hospital, prison, or other institution and the actor has supervisory or disciplinary authority over that other person;
  • The other person is a minor, fifteen years of age or older, and the actor is the other person's parent, guardian, or is otherwise responsible for general supervision of the other person's welfare; or
  • The other person is a minor, fifteen years of age or older, and the actor is an adult.
  • N.D. Cent. Code Ann. § 12.1-20-07





Ohio Definition Crime Definition Statute
Rape in the First Degree
  • Engaging in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:
    • For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception;
    • The other person is less than thirteen years of age, whether or not the offender knows the age of the other person; or
    • The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
  • Engaging in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.
  • Ohio Rev. Code Ann. § 2907.02
Sexual Battery

Engaging in sexual conduct with another, not the spouse of the offender, when any of the following apply:

  • The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution;
  • The offender knows that the other person's ability to appraise the nature of or control the other person's own conduct is substantially impaired;
  • The offender knows that the other person submits because the other person is unaware that the act is being committed;
  • The offender knows that the other person submits because the other person mistakenly identifies the offender as the other person's spouse;
  • The offender is the other person's natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person;
  • The other person is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person;
  • The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school;
  • The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution;
  • The other person is a minor, and the offender is the other person's athletic or other type of coach, is the other person's instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person;
  • The offender is a mental health professional, the other person is a mental health client or patient of the offender, and the offender induces the other person to submit by falsely representing to the other person that the sexual conduct is necessary for mental health treatment purposes;
  • The other person is confined in a detention facility, and the offender is an employee of that detention facility;
  • The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric; or
  • The other person is a minor, the offender is a peace officer, and the offender is more than two years older than the other person.
  • Ohio Rev. Code Ann. § 2907.03
Unlawful Sexual Conduct with a Minor
  • Engaging in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is 13 years old or older but less than sixteen years of age, or the offender is reckless in that regard, and the offender is at least eighteen years old.
  • Ohio Rev. Code Ann. § 2907.04
Gross Sexual Imposition
  • Having sexual contact with another, not the spouse of the offender; causing another, not the spouse of the offender, to have sexual contact with the offender; or causing two or more other persons to have sexual contact when any of the following applies:
    • The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force;
    • For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception;
    • The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery;
    • The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person; or
    • The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.
  • Knowingly touching the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
  • Ohio Rev. Code Ann. § 2907.05
Sexual Imposition

Having sexual contact with another, not the spouse of the offender; causing  another, not the spouse of the offender, to have sexual contact with the offender; or causing two or more other persons to have sexual contact when any of the following applies:

  • The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard;
  • The offender knows that the other person’s, or one of the other person’s, ability to appraise the nature of or control the offender’s or touching person’s conduct is substantially impaired;
  • The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact;
  • The other person, or one of the other persons, is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person; or
  • The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.
  • Ohio Rev. Code Ann. § 2907.06
Importuning
  • (A) Soliciting a person who is less than thirteen years of age to engage in sexual activity with the offender, whether or not the offender knows the age of such person.
  • (B)
    • (1) Soliciting another, not the spouse of the offender, to engage in sexual conduct with the offender, when the offender is eighteen years of age or older and four or more years older than the other person, and the other person is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of the other person.
    • (2) Soliciting another, not the spouse of the offender, to engage in sexual conduct with the offender, when the offender is eighteen years of age or older and four or more years older than the other person, the other person is sixteen or seventeen years of age and a victim trafficking, and the offender knows or has reckless disregard of the age of the other person.
  • Soliciting another by means of a telecommunications device, to engage in sexual activity with the offender when the offender is eighteen years of age or older and either of the following applies:
    • The other person is less than thirteen years of age, and the offender knows that the other person is less than thirteen years of age or is reckless in that regard; or
    • The other person is a law enforcement officer posing as a person who is less than thirteen years of age, and the offender believes that the other person is less than thirteen years of age or is reckless in that regard.
  • Soliciting another by means of a telecommunications device, to engage in sexual activity with the offender when the offender is eighteen years of age or older and either of the following applies:
    • The other person is thirteen years of age or older but less than sixteen years of age, the offender knows that the other person is thirteen years of age or older but less than sixteen years of age or is reckless in that regard, and the offender is four or more years older than the other person; or
    • The other person is a law enforcement officer posing as a person who is thirteen years of age or older but less than sixteen years of age, the offender believes that the other person is thirteen years of age or older but less than sixteen years of age or is reckless in that regard, and the offender is four or more years older than the age the law enforcement officer assumes in posing as the person who is thirteen years of age or older but less than sixteen years of age.
  • Ohio Rev. Code Ann. § 2907.07





Oklahoma Definition Crime Definition Statute
Rape in the First Degree

Rape in the first degree shall include:

  • rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or
  • rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
  • rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; or
  • rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; or
  • rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or
  • rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or
  • rape by instrumentation committed upon a person under fourteen (14) years of age.
  • Okla. Stat. Ann. tit. 21, § 1114
Rape in the Second Degree
  • In all other cases not listed under “Rape-1st Degree,” rape or rape by instrumentation is rape in the second degree.
  • Okla. Stat. Ann. tit. 21, § 1114
Lewd or Indecent Proposals or Acts as to Child Under 16 or Person Believed to be Under 16 - Sexual Battery

(A) Knowingly and intentionally:

  • Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, for the child to have unlawful sexual relations or sexual intercourse with any person; or
  • Look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any lewd or lascivious manner by any acts against public decency and morality, as defined by law; or
  • Ask, invite, entice, or persuade any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or
  • In any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or
  • In a lewd and lascivious manner and for the purpose of sexual gratification:
    • urinate or defecate upon a child under sixteen (16) years of age,
    • ejaculate upon or in the presence of a child,
    • cause, expose, force or require a child to look upon the body or private parts of another person,
    • force or require any child under sixteen (16) years of age or other individual the person believes to be a child under sixteen (16) years of age, to view any obscene materials, child pornography or materials deemed harmful to minors as such terms are defined by Sections 1024.1 and 1040.75 of this title,
    • cause, expose, force or require a child to look upon sexual acts performed in the presence of the child, or
    • force or require a child to touch or feel the body or private parts of said child or another person.

 

The provisions of (A) shall not apply unless the accused is at least three (3) years older than the victim, except when accomplished by the use of force or fear.

 

(B) No person shall commit sexual battery on any other person.

  • Okla. Stat. Ann. tit. 21, § 1123(A, B)
Crime Against Nature (Sodomy)
  • The detestable and abominable crime against nature, committed with mankind or with a beast.
  • Any sexual penetration, however slight, is sufficient to complete the crime against nature.
  • Note:  Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas.

  • Okla. Stat. Ann. tit. 21, § 886
Forcible Sodomy

The crime of forcible sodomy shall include:

  • Sodomy committed by a person over 18 years of age upon a person under 16 years of age; or
  • Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
  • Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime; or
  • Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state.

Any sexual penetration, however slight, is sufficient to complete the crime against nature.

  • Okla. Stat. Ann. tit. 21, § 888





Oregon Definition Crime Definition Statute
Rape in the First Degree
  • Engaging in sexual intercourse with another person if:
    • The victim is subjected to forcible compulsion by the person;
    • The victim is under 12 years of age;
    • The victim is under 16 years of age and is the person’s whole- or half-sibling, the person’s child, or the person’s spouse’s child; or
    • The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
  • It is an affirmative defense for the defendant to prove that at the time of the alleged offense the defendant did not know of the facts or conditions responsible for the victim's incapacity to consent as a result of being mentally defective, mentally incapacitated or physically helpless.
  • Or. Rev. Stat. § 163.375
Rape in the Second Degree
  • Engaging in sexual intercourse with another person who is under 14 years of age.
  • Or. Rev. Stat. § 163.365
Rape in the Third Degree
  • Engaging in sexual intercourse with a person under 16 years of age.
  • Or. Rev. Stat. § 163.355
Sodomy in the First Degree
  • Engaging in deviate sexual intercourse with another person or causing another to engage in deviate sexual intercourse if:
    • The victim is subjected to forcible compulsion by the actor;
    • The victim is under 12 years of age;
    • The victim us under 16 years of age and is the person’s whole- or half-sibling, the actor’s child, or the actor’s spouse’s child; or
    • The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
  • It is an affirmative defense for the defendant to prove that at the time of the alleged offense the defendant did not know of the facts or conditions responsible for the victim's incapacity to consent as a result of being mentally defective, mentally incapacitated or physically helpless.
  • Or. Rev. Stat. § 163.405
Sodomy in the Second Degree
  • Engaging in deviate sexual intercourse with another person who is under 14 years of age.
  • Or. Rev. Stat. § 163.395
Sodomy in the Third Degree

Engaging in deviate sexual intercourse with a person under 16 years of age.

  • Or. Rev. Stat. § 163.385
Unlawful Sexual Penetration in the First Degree
  • Penetration of the vagina, anus or penis of another with any object other than the penis or mouth of the actor and:
    • The victim is subjected to forcible compulsion by the actor;
    • The victim is under 12 years of age;
    • The victim us under 16 years of age and is the person’s whole- or half-sibling, the actor’s child, or the actor’s spouse’s child; or
    • The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
  • Unless the penetration is part of a medically recognized treatment or diagnostic procedure or the penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of a crime.
  • It is an affirmative defense for the defendant to prove that at the time of the alleged offense the defendant did not know of the facts or conditions responsible for the victim's incapacity to consent as a result of being mentally defective, mentally incapacitated or physically helpless.
  •  
  • Or. Rev. Stat. §§ 163.411, 163.412
Unlawful Sexual Penetration in the Second Degree
  • Penetration of the vagina, anus or penis of another with any object other than the penis or mouth of the actor if the victim is under 14 years of age.
  • Unless the penetration is part of a medically recognized treatment or diagnostic procedure or the penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of a crime.
  • Or. Rev. Stat. §§ 163.408, 163.412
Sexual Abuse in the First Degree
  • Subjecting another person to sexual contact and:
    • The victim is less than 14 years of age;
    • The victim is subjected to forcible compulsion by the actor;
    • The victim is incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless; or
    • Intentionally causing a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.
  • It is an affirmative defense for the defendant to prove that at the time of the alleged offense the defendant did not know of the facts or conditions responsible for the victim's incapacity to consent as a result of being mentally defective, mentally incapacitated or physically helpless.
  • Or. Rev. Stat. § 163.427
Sexual Abuse in the Second Degree
  • Subjecting another person to sexual intercourse, deviate sexual intercourse, or penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto or the person commits Sexual Abuse in the Third Degree and the person is 21 years of age or older and at any time before the commission of the offense, the person was the victim’s coach.
  • Unless the penetration is part of a medically recognized treatment or diagnostic procedure or the penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of a crime.
  • Or. Rev. Stat. § 163.425
Sexual Abuse in the Third Degree

Subjecting another person to sexual contact and:

  • The victim does not consent to the sexual contact;
  • The victim is incapable of consent by reason of being under 18 years of age; or
  • For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim.
  • Or. Rev. Stat. § 163.415
Statutory Rape
  • Rape and sodomy in the first degree: Engaging in sexual intercourse or deviate sexual intercourse with someone under 12.
  • Rape and sodomy in the second degree: Engaging in sexual intercourse or deviate sexual intercourse with someone under 14.
  • Rape and sodomy in the third degree: Engaging in sexual intercourse or deviate sexual intercourse with someone under 16.
  • Contributing to the sexual delinquency of a minor: Engaging in sexual intercourse or deviate sexual intercourse with someone under 18 when the actor is 18 or over.
  • When the criminality of conduct depends on a child being under 16, it is no defense that the defendant did not know the child’s age or that the defendant reasonably believed the child to be older than 16.
  • When criminality depends on the child being under a specified age other than 16, it is an affirmative defense for the defendant to prove that the defendant reasonably believed the child to be above the specified age at the time of the alleged offense.
  • Or. Rev. Stat. §§ 163.315, 163.325, 163.365, 163.355, 163.395, 163.385





Pennsylvania Definition Crime Definition Statute
Rape
  • Sexual Intercourse:
    • by forcible compulsion;
    • by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
    • with a person who is unconscious or where the person knows that the complainant is unaware that sexual intercourse is occurring;
    • where the person has substantially impaired the complainant’s power to appraise or control her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
    • with a person who suffers from a mental disability which renders the complainant incapable of consent; or
    • with a person who is less than 13 years of age.
  • Rape of a child with serious bodily injury: Raping a child who is under 13 years old and suffers serious bodily injury in the course of the offense.
  • 18 Pa. Cons. Stat. § 3121
Involuntary Deviate Sexual Intercourse
  • Deviate sexual intercourse:
    • by forcible compulsion;
    • by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
    • with a person who is unconscious or where the person knows that the complainant is unaware that sexual intercourse is occurring;
    • where the person has substantially impaired the complainant’s power to appraise or control her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance
    • who suffers from a mental disability which renders the complainant incapable of consent;
    • is less than 13 years of age; or
    • is less than 16 years of age and the person is more than four years older than the complainant and the complainant and the person are not married to each other.
  • Involuntary deviate sexual intercourse with a child with serious bodily injury: Committing involuntary deviate sexual intercourse with a child who is under 13 years old and suffers serious bodily injury in the course of the offense.
  • 18 Pa. Cons. Stat. § 3123
Sexual Assault
  • Sexual intercourse or deviate sexual intercourse without the complainant’s consent.
  • 18 Pa. Cons. Stat. § 3124.1
Aggravated Indecent Assault

Penetration, however slight, of the genitals or anus of a complainant with a part of the person's body for any purpose other than good faith medical, hygienic or law enforcement procedures if:

  • the person does so without the complainant’s consent;
  • the person does so by forcible compulsion;
  • the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
  • the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring;
  • the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
  • the complainant suffers from a mental disability which renders the complainant incapable of consent;
  • the person has substantially impaired the complainant’s power to appraise or control her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
  • the complainant is less than 13 years of age; or
  • the complainant is less than 16 years of age and the person is four or more years older than the complainant and the person and the complainant are not married to each other.
  • 18 Pa. Cons. Stat. § 3125
Indecent Assault

Indecent contact causing the complainant to have indecent contact with the person or intentionally causing the complainant to come in contact with seminal fluid, urine, or feces for the purpose of arousing sexual desire in the person or the complainant and:

  • the person does so without the complainant’s consent (second degree misdemeanor);
  • the person does so by forcible compulsion (first degree misdemeanor);
  • the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution (first degree misdemeanor);
  • the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring (first degree misdemeanor);
  • the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance (first degree misdemeanor);
  • the complainant suffers from a mental disability which renders the complainant incapable of consent (first degree misdemeanor);
  • the person has substantially impaired the complainant’s power to appraise or control her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance (first degree misdemeanor);
  • the complainant is less than 13 years of age (see below of sentencing); or
  • the complainant is less than 16 years of age and the person is four or more years older than the complainant and the person and the complainant are not married to each other.  (second degree misdemeanor).
  • 18 Pa. Cons. Stat. § 3126
Institutional Sexual Assault
  • A person who is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, patient or resident.
  • Institutional sexual assault of a minor:  A person who is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth or mental health or mental retardation facility or institution commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, patient or resident who is under 18 years of age.
  • Schools:  A person who is a volunteer or an employee of a school or any other person who has direct contact with a student at a school commits a felony of the third degree when he engages in sexual intercourse, deviate sexual intercourse or indecent contact with a student of the school.
  • Child care:  A person who is a volunteer or an employee of a center for children commits a felony of the third degree when he engages in sexual intercourse, deviate sexual intercourse or indecent contact with a child who is receiving services at the center.

Statutory Rape
  • Rape of a child:
  • Intercourse or deviate sexual intercourse with a child under 13.  Not knowing that the child is under 13 is not a defense.
  • Intercourse or deviate sexual intercourse with a child 13-16 when the person is more than four years older than the child and the complainant and the person are not married to each other.
  •  
  • First degree statutory sexual assault: Sexual intercourse with a complainant under the age of 16 and perpetrator is 11 or more years older than the complainant and the individuals are not married.  If the child is between 16-18, reasonably believing the child is 18 may be a defense.
  •  
  • Second degree statutory sexual assault: Sexual intercourse with a complainant to whom the person is not married who is under the age of 16 when the perpetrator is between 4 and 8 years older than the complainant or between 8 and 11 years older than the complainant. If the child is between 16-18, reasonably believing the child is 18 may be a defense.
  •  
  • Aggravated indecent assault: engaging in penetration, however slight, of the genitals or anus of a complainant with a part of the person's body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault if the complainant is under 13 years of age or under 16 years of age and the person is over four years older than the complainant.
  • Indecent assault: Indecent contact causing the complainant to have indecent contact with the person or intentionally causing the complainant to come in contact with seminal fluid, urine, or feces for the purpose of arousing sexual desire in the person or the complainant and:
    • The child is under 13; or
    • The child is 13-16 and the person is over 4 years older than the child.  (second degree misdemeanor)
  • Except as otherwise provided, whenever in this chapter the criminality of conduct depends on a child being below the age of 14 years, it is no defense that the defendant did not know the age of the child or reasonably believed the child to be the age of 14 years or older. When criminality depends on the child's being below a critical age older than 14 years, it is a defense for the defendant to prove by a preponderance of the evidence that he or she reasonably believed the child to be above the critical age.
  •  
  • 18 Pa. Cons. Stat. §§ 3121, 3122.1, 3123, 3124, 3126
Sodomy
  • Pennsylvania does not prohibit sodomy.  Anal sex is included in the definition of “deviate sexual intercourse”.
  • Note: Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas.
  • N/A





Rhode Island Definition Crime Definition Statute
Sexual Assault in the First Degree

Sexual penetration with another person if:

  • The accused is not the spouse of the victim and knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless;
  • The accused uses force or coercion;
  • The accused, through concealment or by the element of surprise, is able to overcome the victim; or
  • The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.
  • R.I. Gen. Laws § 11-37-2
Sexual Assault in the Second Degree

Engaging in sexual contact with another person if:

  • The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless;
  • The accused uses force, element of surprise, or coercion; or
  • The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.
  • R.I. Gen. Laws § 11-37-4
Statutory Rape
  • Sexual assault in the third degree: sexual penetration when the actor is over 18 and the victim is 14-16.Child molestation sexual assault in the first degree: sexual penetration with a person under 14 years old.Child molestation sexual assault in the second degree: sexual contact with a person under 14 years old.
  • R.I. Gen. Laws §§ 11-37-6, 11-37-8.1
Sodomy
  • Rhode Island does not prohibit sodomy.  Anal sex is included in the definition of “sexual penetration”.
  • Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas.
  • N/A





South Carolina Definition Crime Definition Statute
Criminal Sexual Conduct in the First Degree

Engaging in sexual battery with the victim and if:

  • The actor used aggravated force to accomplish sexual battery;
  • The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or any other similar offense or act; or
  • The actor causes the victim, without the victim's consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance.
  • S.C. Code Ann. § 16-3-652
Criminal Sexual Conduct in the Second Degree
  • Using aggravated coercion to accomplish sexual battery.
  • S.C. Code Ann. § 16-3-653
Criminal Sexual Conduct in the Third Degree
  • Engaging in sexual battery with the victim and if:
    • The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances; or
    • The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.
    • A person cannot be guilty of this crime if the victim is the legal spouse of the person unless the couple is living apart or if the purported marriage includes a male under the age of 16 or a female under the age of 14.
  • S.C. Code Ann. § 16-3-654
Spousal Sexual Battery
  • Sexual battery when accomplished through use of aggravated force by one spouse of the other spouse if they are living together.
  • The offending spouse's conduct must be reported to appropriate law enforcement authorities within thirty days in order for that spouse to be prosecuted for this offense.
  • This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen.
  • S.C. Code Ann. §§ 16-3-615, 16-3-658
Felony Sexual Battery with a Student
  • A person affiliated with a public or private secondary school in an official capacity engaging in sexual battery with a student enrolled in the school who is 16-17 years old and aggravated coercion or aggravated force is not used to accomplish the sexual battery.
  • A person affiliated with a public or private secondary school in an official capacity has direct supervisory authority over a student enrolled in the school who is 18 years of age or older, and the person affiliated with the public or private secondary school in an official capacity engages in sexual battery with the student, and aggravated coercion or aggravated force is not used to accomplish the sexual battery.
  • This section does not apply if the person affiliated with a public or private secondary school in an official capacity is lawfully married to the student at the time of the act.
  • S.C. Code Ann. § 16-3-755
Misdemeanor Sexual Battery with a Student
  • A person affiliated with a public or private secondary school in an official capacity engaging in sexual battery with a student enrolled in the school who is 18 years of age or older, and aggravated coercion or aggravated force is not used to accomplish the sexual battery.
  • This section does not apply if the person affiliated with a public or private secondary school in an official capacity is lawfully married to the student at the time of the act.
  • S.C. Code Ann. § 16-3-755
Statutory Rape
  • Criminal sexual conduct with a minor in the first degree:
    • Sexual battery when the victim is less than 11 years old; or
    • Sexual battery when the victim is less than 16 years old and the actor is a previous sex offender.
  • Criminal sexual conduct with a minor in the second degree:
    • Sexual battery when the victim 11-14 years old; or
    • Sexual battery when the victim who is 14-15 years old and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim.  A person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in consensual sexual conduct with another person who is at least fourteen years of age.
  • Criminal sexual conduct with a minor in the third degree:
    • The actor is over 14 years old and the actor willfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body of a child under 16 years old, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of the actor or child.  A person may not be convicted of a violation of the provisions of this subsection if the person is eighteen years of age or less when the person engages in consensual lewd or lascivious conduct with another person who is at least fourteen years of age.
    • Men under the age of 14 may commit rape. A person cannot be guilty of this crime if the victim is the legal spouse of the person unless the couple is living apart or if the purported marriage includes a male under the age of 16 or a female under the age of 14.
  • S.C. Code Ann. § 16-3-655
Sodomy
  • South Carolina does not prohibit sodomy.  Anal sex is included in the definition of “sexual battery”.
  • Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas.
  • N/A





South Dakota Definition Crime Definition Statute
Rape in the First Degree
  • An act of sexual penetration if the victim is under 13 years old.
  • S.D. Codified Laws § 22-22-1(1)
Rape in the Second Degree
  • An act of sexual penetration through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution.
  • S.D. Codified Laws § 22-22-1(2)
Rape in the Third Degree
  • An act of sexual penetration if:
    • the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or
    • the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis.
  • S.D. Codified Laws § 22-22-1(3) & (4)
Rape in the Fourth Degree
  • An act of sexual penetration if the victim is 13-15 years old and the perpetrator is at least three years older than the victim.
  • S.D. Codified Laws § 22-22-1(5)
Sexual Contact with a Person Incapable of Consenting
  • Knowingly engaging in sexual contact with a person who is 16 or older who is incapable because of physical or mental incapacity of consenting to sexual contact, where the actor is 15 or older.
  • S.D. Codified Laws § 22-22-7.2
Sexual Contact Without Consent With Person Capable of Consenting
  • Knowingly engaging in sexual contact with a person, other than the actor’s spouse, who is capable of consenting but has not consented to such contact, where the actor is 15 or older.
  • S.D. Codified Laws § 22-22-7.4
Statutory Rape
  • Rape in the first degree: Engaging in an act of sexual penetration if the victim is under 13 years old.
  • Rape in the fourth degree: Engaging in an act of sexual penetration if the victim is 13-15 years old and the perpetrator is at least three years older than the victim.
  • Felony sexual contact with a child under sixteen: Knowingly, engaging in sexual contact with a person, other than the actor’s spouse, under the age of 16 if the actor is 16 or older.
  • Misdemeanor sexual conduct with a child under sixteen: Knowingly, engaging in sexual contact with a person 13-15 years old and the actor is less than five years older.
  • Sexual contact with child under sixteen years of age: Knowingly, engaging in sexual contact when both parties are under 16 years old and not each other’s spouse.
  • Sexual exploitation of a minor: Causing or knowingly permitting a minor to engage in an activity or the simulation of an activity that is harmful to minors, involves nudity or is obscene.
  • Sexual contact or sexual penetration by a psychotherapist: Knowingly engage in sexual contact or sexual penetration by a psychotherapist with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time of contact.
  • S.D. Codified Laws §§ 22-22-1, 22-22-7, 22-22-7.3, 22-22-7.7, 22-22-24.3, 22-22-28, 22-22-29
Sodomy
  • South Dakota does not prohibit sodomy.  Anal sex is included in the definition of “sexual penetration”.
  • Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas.
  • N/A





Tennessee Definition Crime Definition Statute
Aggravated Rape
  • Sexual penetration and any of the following:
    • Force or coercion is used and the defendant is armed with a weapon or something the victim would reasonably believe is a weapon;
    • The defendant causes bodily injury to the victim;
    • The defendant is helped by one or more people and force or coercion is used; or
    • The defendant is helped by one or more people and knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.
  • Tenn. Code Ann. § 39-13-502
Rape
  • Sexual penetration and any of the following:
    • Force or coercion is used;
    • The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;
    • The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
    • The sexual penetration is accomplished by fraud.
  • Tenn. Code Ann. § 39-13-503
Aggravated Sexual Battery
  • Sexual contact and any of the following:
    • Force or coercion is used and the defendant is armed with a weapon or something the victim would reasonably believe is a weapon;
    • The defendant causes bodily injury to the victim;
    • The defendant is helped by one or more people and force or coercion is used;
    • The defendant is helped by one or more people and knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
    • The victim is less than 13 years old.
  • Tenn. Code Ann. § 39-13-504
Sexual Battery
  • Sexual contact and any of the following: 
    • Force or coercion is used;
    • The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
    • The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
    • The sexual contact is accomplished by fraud.
  • Tenn. Code Ann. § 39-13-505
Statutory Rape
  • Rape of a child is sexual penetration if the victim is 4-12 years old.
  • Aggravated rape of a child is sexual penetration if the victim is under 3 years old.
  • Mitigated statutory rape is sexual penetration when the victim is 15-17 years old and the defendant is at least 4 years but not more than 5 years older than the victim.
  • Statutory rape is sexual penetration when:
    • The victim is 13-14 years old and the defendant is 4-9 years older than the victim; or
    • The victim is 15-17 years old and the defendant is 5-9 years older than the victim.
  • Aggravated statutory rape is sexual penetration when the victim is 13-17 years old and the defendant is at least 10 years older than the victim.
  • Aggravated sexual battery is unlawful sexual contact when the victim is under 13 years old.
  • Sexual contact with a minor by an authority figure is when a defendant intentionally touches or kisses a minor’s lips with the defendant’s lips for the purpose of sexual arousal or gratification, and the victim is 13-17 years old, the defendant is at least 4 years older than the victim, and the defendant was in a position of trust or had a supervisory or disciplinary power over the minor by virtue of the defendant’s legal, professional, or occupational status or the defendant had parental or custodial authority over the minor and used such authority to accomplish the sexual contact.
  • Sexual battery by an authority figure is when an authority figure has sexual contact with a victim and any of the following:
    • The victim is 13-17 years old and the defendant was in a position of trust or had a supervisory or disciplinary power over the minor by virtue of the defendant’s legal, professional, or occupational status and used the position to accomplish the sexual act or the defendant had parental or custodial authority over the minor and used the authority to accomplish the sexual act; or
    • The victim was mentally defective, mentally incapacitated, or physically helpless regardless of age and the defendant was in a position of trust or had a supervisory or disciplinary power over the minor by virtue of the defendant’s legal, professional, or occupational status and used the position to accomplish the sexual act or the defendant had parental or custodial authority over the minor and used the authority to accomplish the sexual act.
  • Statutory rape by an authority figure is unlawful sexual penetration and:
    • The defendant is at least 4 years older than the victim; and
    • The victim is 13-17 years old and the defendant was in a position of trust or had a supervisory or disciplinary power over the minor by virtue of the defendant’s legal, professional, or occupational status and used the position to accomplish the sexual act or the defendant had parental or custodial authority over the minor and used the authority to accomplish the sexual act.
  • Tenn. Code Ann. §§ 39-13-506, 39-13-504, 39-13-509, 39-13-522, 39-13-524, 39-13-527, 39-13-531, 39-13-532
Sodomy
  • Tennessee does not prohibit sodomy.  Anal sex is included in the definition of “sexual penetration”.
  • Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas.
  • N/A





Texas Definition Crime Definition Statute
Sexual Assault
  • Intentionally or knowingly causing any of the following:
    • Penetration of the anus or sexual organ of another by any means without that person’s consent;
    • Penetration of the mouth of another person by the sexual organ of the actor without that person’s consent; or
    • The sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person including the actor.
  • Against a child
    • Intentionally or knowingly causing any of the following:
    • Penetration of the anus or sexual organ of a child by any means;
    • Penetration of the mouth of a child by the sexual organ of the actor;
    • The sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
    • The anus of a child to contact the mouth, anus, or sexual organ of another person including the actor; or
    • The mouth of a child to contact the anus or sexual organ of another person including the actor; unless
    • The conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party;
    • The actor was the spouse of the child; and
    • The child is over 13 years of age and the actor was not more than 3 years older than the child, not a registered sex offender, not a repeat offender, not prohibited from marrying or purporting to marry the child, and not prohibited from living under the appearance of marriage with the child.
  • Tex. Penal Code Ann. § 22.011
Aggravated Sexual Assault
  • Intentionally or knowingly causing any of the following or acts in concert with one who intentionally or knowingly causes:
    • Penetration of the anus or sexual organ of another by any means without that person’s consent;
    • Penetration of the mouth of another person by the sexual organ of the actor without the person’s consent; or
    • The sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person including the actor; and
    • The person caused serious bodily injury or attempts to cause the death of the victim or another person;
    • The person threatens that or puts the victim in fear that any person will be forced into prostitution or trafficked, or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
    • The person uses or exhibits a deadly weapon;
    • The person administers or provides flunitrazepam (“roofies”), gamma hydroxybutyrate or ketamin to the victim;
    • The victim is under 14 years of age; or
    • The victim is an elderly or disabled individual.
  • Against a child
    • Intentionally or knowingly causing any of the following:
    • Penetration of the anus or sexual organ of a child by any means;
    • Penetration of the mouth of a child by the sexual organ of the actor;
    • The sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
    • The anus of a child to contact the mouth, anus, or sexual organ of another person including the actor; or
    • The mouth of a child to contact the anus or sexual organ of another person including the actor; and
    • The person caused serious bodily injury or attempts to cause the death of the victim or another person;
    • The person threatens that or puts the victim in fear that any person will be forced into prostitution or trafficked, or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
    • The person uses or exhibits a deadly weapon;
    • The person administers flunitrazepam (“roofies”) , gamma hydroxybutyrate or ketamin to the child;
    • The victim is under 14 years of age; or
    • The victim is disabled; unless 
    • the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.
  • Tex. Penal Code Ann. § 22.021
Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth.
    • Texas has no specific statutory rape statute, but this sentiment is captured under § 22.011 (Sexual Assault “Against a child”), § 22.021 (Aggravated Sexual Assault “Against a child”) and Indecency with a Child § 22.11.
  • Indecency with a Child
    • Engaging in sexual contact with a child younger than 17 or causing the child to engage in sexual contact (second degree felony);
    • Exposing the person’s anus or any part of the person’s genitals, knowing a child under 17 is present, with the intent to arouse or gratify the sexual desires of any person (third degree felony); or
    • Causing a child under 17 to expose his or her anus or any part of his or her genitals, with the intent to arouse or gratify the sexual desires of any person (third degree felony); unless
    • the actor is no more than 3 years older than the victim and is of the opposite sex, did not use duress, force, or a threat against the victim and is not a registered sex offender nor a repeat offender; or
    • actor was the spouse of the child.
  • Tex. Penal Code Ann. §§ 21.11
Sodomy
  • A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.
  • This law was held unconstitutional in Lawrence v. Texas but has not been officially repealed.
  • Tex. Penal Code Ann. § 21.06.





Utah Definition Crime Definition Statute
Unlawful Sexual Activity with a Minor
  • A person commits unlawful sexual activity with a minor if, under circumstances not amounting to rape, object rape, forcible sodomy or aggravated sexual assault, the actor:
    • Has sexual intercourse with a minor, or
    • Engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant, or
    • Causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.
  • Utah Code Ann. § 76-5-401
Sexual Abuse of a Minor
  • A person commits sexual abuse of a minor if the person is 7 years or more older than the minor, or holds a relationship of special trust as an adult teacher, employee or volunteer at a public or private elementary school or secondary school, and who is 18 years of age or older, and, under circumstances not amounting to rape, object rape, forcible sodomy, aggravated sexual assault, unlawful sexual activity with a minor, or an attempt to commit any of those offenses:
    • The person touches the anus, buttocks, or any part of the genitals of the minor, or
    • Touches the breast of a female minor, or
    • Otherwise takes indecent liberties with the minor, or
    • Causes a minor to take indecent liberties with the actor or another person,
    • with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant.
  • Utah Code Ann. § 76-5-401.1
Unlawful Sexual Conduct with a 16-or-17-Year-Old
  • A person commits unlawful sexual conduct with a minor under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse or aggravated sexual assault if, the person engages in sexual conduct with a minor and:
    • The person is 7 or more years older but less than 10 years older than the minor at the time of the sexual conduct, and the person knew or reasonably should have known the age of the minor, or
    • 10 or more years older than the minor at the time of the sexual conduct; or
    • Holds a relationship of special trust as an adult teacher, employee or volunteer at a public or private elementary school or secondary school, and who is 18 years of age or older,
  • Sexual conduct:
    • (i) Sexual intercourse with the minor, or
    • (ii) Any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant, or
    • (iii) Penetration, however slight, of the genital or anal opening of the minor by a foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant, or
    • (iv) Touching the anus, buttocks, or any part of the genitals of a minor or breast of a female minor, or otherwise taking indecent liberties with the minor, or causing a minor to take indecent liberties with the actor or another person, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.
  • Utah Code Ann. § 76-5-401.2
Rape

Without consent means (whether or not the victim is married to the actor):

  • The victim expresses lack of consent through words or conduct, or
  • The actor overcomes the victim through the actual application of physical force or violence, or
  • The actor is able to overcome the victim through concealment or by the element of surprise, or
  • The actor coerces the victim to submit by threatening to retaliate (including through threats of physical force, kidnapping or extortion) in the future or immediate future against the victim or any other person, and the victim perceives at the time that the actor has the actual ability to execute this threat, or
  • The victim has not consented and the actor knows the victim is unconscious, unaware that the act is occurring, or physically unable to resist, or
  • The actor knows that as a result of mental disease or defect, the victim is at the time of the act incapable either of appraising the nature of the act or of resisting it.
  • the actor knows that the victim submits or participates because the victim erroneously believes that the actor is the victim's spouse;
  • the actor intentionally impaired the power of the victim to appraise or control his or her conduct by administering any substance without the victim's knowledge;
  • the victim is younger than 14 years of age;
  • the victim is younger than 18 years of age and at the time of the offense the actor was the victim's parent, stepparent, adoptive parent, or legal guardian or occupied a position of special trust in relation to the victim;
  • the victim is 14 years of age or older, but younger than 18 years of age, and the actor is more than three years older than the victim and entices or coerces the victim to submit or participate, under circumstances not amounting to the force or threat required above; or
  • the actor is a health professional or religious counselor, the act is committed under the guise of providing professional diagnosis, counseling, or treatment, and at the time of the act the victim reasonably believed that the act was for medically or professionally appropriate diagnosis, counseling, or treatment to the extent that resistance by the victim could not reasonably be expected to have been manifested
  • Utah Code Ann. § 76-5-402
Rape of a Child
  • A person commits rape of a child when the person has sexual intercourse with a child who is under the age of 14.
  • Utah Code Ann. §76-5-402.1
Object Rape

Without consent means:

  • The victim expresses lack of consent through words or conduct, or
  • The actor overcomes the victim through the actual application of physical force or violence, or
  • The actor is able to overcome the victim through concealment or by the element of surprise, or
  • The actor coerces the victim to submit by threatening to retaliate in the immediate future against the victim or any other person, and the victim perceives at the time that the actor has the actual ability to execute this threat, or
  • The victim has not consented and the actor knows the victim is unconscious, unaware that the act is occurring, or physically unable to resist, or
  • The actor knows that as a result of mental disease or defect, the victim is at the time of the act incapable either of appraising the nature of the act or of resisting it.

 

Other provisions apply. See § 76-5-406 (“Sexual offenses against the victim without consent of victim – Circumstances”).

  • Utah Code Ann. § 76-5-402.2
Object Rape of a Child
  • A person who causes the penetration or touching, however slight, of the genital or anal opening of a child who is under 14, by any foreign object, substance, instrument, or device, not including a part of the human body, with intent to cause substantial emotional or bodily pain to the child or with the intent to arouse or gratify sexual desire of any person

Utah Code Ann. § 76-5-402.3

Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth.
  • Utah has no specific statutory rape statute, but this sentiment is captured under § 76-5-401 (Unlawful Sexual Activity with a Minor), § 76-5-401.1 (Sexual abuse of a Minor), § 76-5-401.2 (Unlawful Sexual Conduct with a 16- or 17-Year-Old), and § 76-5-402.1 (Rape of a Child). § 76-5-402.3 (Object Rape of a Child) and § 76-5-403.1 (Sodomy of a Child).
  • N/A
Forcible Sodomy
  • A person commits sodomy when:
    • The actor engages in any sexual act with a person who is 14 years of age or older involving the genitals of one person and mouth or anus of another person, regardless of the sex of either participant.
  • A person commits forcible sodomy when:
    • The actor commits sodomy upon another without the other’s consent.
  • Utah Code Ann. § 76-5-403
Sodomy on a Child
  • A person commits sodomy when:
    • The actor engages in any sexual act with a person who is 14 years of age or older involving the genitals of one person and mouth or anus of another person, regardless of the sex of either participant.
  • A person commits forcible sodomy when:
    • The actor commits sodomy upon another without the other’s consent.
  • Utah Code Ann. § 76-5-403.1
Forcible Sexual Abuse

A person commits forcible sexual abuse if:

  • The victim is 14 years of age or older and,
  • Under circumstances not amounting to rape, object rape, sodomy, or attempted rape or sodomy, the actor touches the anus, buttocks, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent liberties with another, or causes another to take indecent liberties with the actor or another,
  • With intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, and
  • Without the consent of the other, regardless of the sex of any participant.
  • Utah Code Ann. § 76-5-404
Sexual Abuse of a Child
  • A person commits sexual abuse of a child if:
    • Under circumstances not amounting to rape of a child, object rape of a child, sodomy on a child, or attempt of any of the aforementioned offenses, the actor touches the anus, buttocks, or any part of the genitals of any child, or touches the breast of a female child, or otherwise takes indecent liberties with a child, or causes a child to take indecent liberties with the actor or another,
    • With intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.
  • A person commits aggravated sexual abuse of a child when in conjunction with the offenses described above the actor:
    • Uses a dangerous weapon, force, duress or violence, intimidation, coercion, menace or threat of harm, or committed during a kidnapping; or
    • Caused bodily injury or sever psychological injury, used or showed pornography, photographed the victim in a lewd condition during the course of the offense; or
    • Actor was previously convicted of any sexual offense; or
    • The accused committed the same or similar sexual act upon two or more victims at the same time or during the same course of conduct; or
    • The actor committed more than five separate acts at the same time, during the course of conduct or before or after the instant offense; or
    • The actor was in a position of special trust in relation to the victim; or
    • The actor encouraged, aided, allowed or benefited from acts of prostitution or sexual acts by the victim with any other person, including human smuggling and human trafficking; or
    • The actor caused penetration, however slight, of the genital or anal opening of the child by any part or parts of the human body other than the genitals or mouth.
  • Utah Code Ann. §76-5-404.1
Aggravated Sexual Assault
  • A person commits aggravated sexual assault if:
    • In the course of rape, object rape, forcible sodomy, or forcible sexual abuse, the actor:
    • Uses or threatens the victim with the use of a dangerous weapon, or
    • Compels or attempts to compel the victim to submit to rape, object rape, forcible sodomy, or forcible sexual abuse by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any person, or
    • Is aided or abetted by one or more persons.
  • In the course of attempted rape, attempted object rape, or attempted forcible sodomy, the actor:
    • Causes serious bodily injury, or
    • Uses or threatens the victim with the use of a dangerous weapon, or
    • Attempts to compel the victim to submit to rape, object rape, forcible sodomy, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any person or
    • Is aided or abetted by one or more persons.
  • In the course of attempted forcible sexual abuse, the actor:
    • Causes serious bodily injury, or
    • Uses or threatens the victim with the use of a dangerous weapon, or
    • Attempts to compel the victim to submit to forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any person or
    • Is aided or abetted by one or more persons.
  • Utah Code Ann. § 76-5-405





Vermont Definition Crime Definition Statute
Sexual Assault
  • No person shall engage in a sexual act with another person and compel the other person to participate in the sexual act:
    • Without the consent of the other person, or
    • By threatening or coercing the other person, or
    • By placing the other person in fear that any person will suffer imminent bodily injury.
  • No person shall engage in a sexual act with another person and impair substantially the ability of the other person to appraise or control conduct by administering or employing drugs or intoxicants without the knowledge or against the will of the other person.
  • No person shall engage in a sexual act with a child who is under the age of 16 (“Statutory Rape”), except:
    • Where the persons are married to each other and the sexual act is consensual, or
    • Where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual.
  • No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor’s care by authority of law or is the actor’s child, grandchild, foster child, adopted child, or stepchild.
  • No person shall engage in a sexual act with a child under the age of 16 if:
    • The victim is entrusted to the actor’s care by authority of law or is the actor’s child, grandchild, foster child, adopted child, or stepchild, or
    • The actor is at least 18 years of age, resides in the victim’s household, and serves in a parental role with respect to the victim.
  • 13 V.S.A. §§ 3252 & 3254
Aggravated Sexual Assault

A person commits the crime of aggravated sexual assault if the person commits sexual assault under any of the following circumstances:

  • At the time of the sexual assault, the actor causes serious bodily injury to the victim or to another;
  • The actor is joined or assisted by one or more persons in physically restraining, assaulting, or sexually assaulting the victim;
  • The actor commits the sexual act under circumstances which constitute the crime of kidnapping;
  • The actor has previously been convicted in this state of sexual assault under § 3252(a) or (b) or aggravated sexual assault or has been convicted in any jurisdiction in the U.S. of an offense which would constitute sexual assault under § 3252(a) or (b) or aggravated sexual assault if committed in this state;
  • At the time of the sexual assault, the actor is armed with a deadly weapon and uses or threatens to use the deadly weapon on the victim or on another;
  • At the time of the sexual assault, the actor threatens to cause imminent serious bodily injury to the victim or to another and the victim reasonably believes that the actor has the present ability to carry out the threat;
  • At the time of the sexual assault, the actor applies deadly force to the victim;
  • The victim is under the age of 13 and the actor is at least 18 years of age; or
  • The victim is subjected by the actor to repeated nonconsensual sexual acts as part of the same occurrence or the victim is subjected to repeated nonconsensual sexual acts as part of the actor’s common scheme and plan.
  • 13 V.S.A. § 3253
Aggravated Sexual Assault of a Child

A person commits the crime of aggravated sexual assault of a child if the actor is at least 18 years of age and commits sexual assault against a child under the age of 16 in violation of § 3252 and at least one of the following circumstances exists:

  • At the time of the sexual assault, the actor causes serious bodily injury to the victim or to another;
  • The actor is joined or assisted by one or more persons in physically restraining, assaulting, or sexually assaulting the victim;
  • The actor commits the sexual act under circumstances which constitute the crime of kidnapping;
  • The actor has previously been convicted in this state of sexual assault under § 3252(a) or (b), aggravated sexual assault under § 3253 or aggravated sexual assault of a child or has been convicted in any jurisdiction in the U.S. of an offense which would constitute sexual assault under § 3252(a) or (b), or aggravated sexual assault under § 3253 or aggravated sexual assault of a child if committed in this state;
  • At the time of the sexual assault, the actor is armed with a deadly weapon and uses or threatens to use the deadly weapon on the victim or on another;
  • At the time of the sexual assault, the actor threatens to cause imminent serious bodily injury to the victim or to another and the victim reasonably believes that the actor has the present ability to carry out the threat;
  • At the time of the sexual assault, the actor applies deadly force to the victim; or
  • The victim is subjected by the actor to repeated nonconsensual sexual acts as part of the same occurrence or the victim is subjected to repeated nonconsensual sexual acts as part of the actor’s common scheme and plan.
  • 13 V.S.A. § 3253(a)
Sexual Exploitation of an Inmate

No correctional employee, contractor, or other person providing services to offenders on behalf of the department of corrections or pursuant to a court order or in accordance with a condition of parole, probation, supervised community sentence, or furlough shall engage in a sexual act with a person who the employee, contractor, or other person providing services knows:

  •  Is confined to a correctional facility; or
  •  Is being supervised by the department of corrections while on parole, probation, supervised community sentence, or furlough, where the employee, contractor, or other service provider is currently engaged in a direct supervisory relationship with the person being supervised.

A person is engaged in a direct supervisory relationship with a supervisee if the supervisee is assigned to the caseload of that person.

  • 13 V.S.A. § 3257
Sexual Exploitation of a Minor

No person shall engage in a sexual act with a minor if:

  • The actor is at least 48 months older than the minor, and
  • The actor is in a position of power, authority, or supervision over the minor by virtue of the actor’s undertaking the responsibility, professionally or voluntarily, to provide for the health or welfare of minors, or guidance, leadership, instruction, or organized recreational activities for minors.
  • 13 V.S.A. § 3258
Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth.
  • Vermont has no specific statutory rape statute, but this concept is captured by section (c) of 13 V.S.A. § 3252, “Sexual Assault”, 13 V.S.A. § 3253a “Aggravated Sexual Assault of a Child” and 13 V.S.A. § 3258 “Sexual Exploitation of a Minor”
  • 13 V.S.A. § 3252
Sodomy
  • Vermont does not appear to have an anti-sodomy law on the books.
  • N/A





Virginia Definition Crime Definition Statute
Rape
  • Engaging in sexual intercourse with a victim, whether or not his/her spouse, or causing a victim, whether or not his/her spouse, to engage in sexual intercourse with any other person and such act is:
    • Against the victim’s will, by force, threat, or intimidation of or against the victim or another person;
    • Through the use of the victim’s mental incapacity or physical helplessness; or
    • With a child under the age of 13 years as the victim.
  • Note: There is a rebuttable presumption that a juvenile over the age of 10 years but less than 12 years does not possess the physical capacity to commit rape.
  • Va. Code Ann. § 18.2-61
Carnal Knowledge of a Child Between 13-15 Years of Age
  • A) Carnally knowing, without the use of force, a child at least 13 but less than 15 years of age; or
  • B) Carnally knowing, without the use of force, a child at least 13 but less than 15 years of age, who consents to sexual intercourse, and defendant is a minor but at least 3 years the child’s senior; or
  • C) Carnally knowing, without the use of force, a child at least 13 but less than 15 years of age, who consents to sexual intercourse, and defendant is a minor but less than 3 years the child’s senior.
  • Note: A child under the age of 13 years shall not be considered a consenting child.
  • Va. Code Ann. § 18.2-63
Carnal Knowledge of an Inmate, Parolee, Probationer
  • (A) Defendant is:
    • An employee or contractual employee of, or a volunteer with, a state or local correctional facility or regional jail, the Department of Corrections, the Department of Juvenile Justice, or other like detention or pretrial/probation services; and
    •  In a position of authority over the inmate, parolee, probationer, detainee, etc.; and
    • Knows that the victim is under the jurisdiction of the state or local facility or service; and
    • Carnally knows, without the use of force, threat, or intimidation, the victim in question.
  • (B) Defendant is:
    • An owner or employee of the bail bond company that posted the victim’s pre-trial or post-trial bond; and
    • Has the authority to revoke the victim’s bond; and
    • Carnally knows, without the use of force, threat, or intimidation, the victim in question.
  • Va. Code Ann. § 18.2-64.2
Forcible Sodmoy
  • Engaging in cunnilingus, fellatio, anilingus, or anal intercourse with a victim, whether or not his/her spouse, or causing a victim, whether or not his/her spouse, to engage in such acts with any other person, and:
    • The complaining witness is less than 13 years of age; or
    • The act is accomplished against the will of the victim, by force, threat or intimidation of or against the victim or another person, or through the use of the victim's mental incapacity or physical helplessness.
  • Va. Code Ann. § 18.2-67.1
Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While Virginia expressly penalizes carnal knowledge of a child between 13 and 15 years of age, the offenses of rape and forcible sodomy also targets “statutory rape” under certain circumstances.
  • Statutory rape is rape if defendant engages in sexual intercourse with the victim, and the victim is under the age of 13 years; or causes the victim to engage in sexual intercourse with another person, and the victim is under the age of 13 years. It is immaterial whether or not the victim is defendant’s spouse.
  • Statutory rape is forcible sodomy if defendant engages in cunnilingus, fellatio, anilingus, or anal intercourse with a victim, and the victim is under the age of 13 years; or causes the victim to engage in the acts in question with another person, and the victim is under the age of 13 years. It is immaterial whether or not the victim is defendant’s spouse.
  • Va. Code Ann. §§ 18.2-61, 63, and 67.1





Washington Definition Crime Definition Statute
Rape in the First Degree
  • Engaging in sexual intercourse with another person by forcible compulsion and the perpetrator or an accessory:
    • Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or
    • Kidnaps the victim; or
    • Inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious; or
    • Feloniously enters into the building or vehicle where the victim is situated.
  • Wash. Rev. Code § 9a.44.040
Rape in the Second Degree
  • Under circumstances not constituting rape in the first degree, defendant engages in sexual intercourse with another person:
    • By forcible compulsion;
    • When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;
  • When the victim is a person with a developmental disability and the defendant is a person who is not married to the victim and who:
    • Has supervisory authority over the victim; or
    • Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;
    • When the defendant is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination.
  • When the victim is a resident of a facility for persons with a mental disorder or chemical dependency and the defendant is a person who is not married to the victim and has supervisory authority over the victim; or
  • When the victim is a frail elder or vulnerable adult and the defendant is a person who is not married to the victim and who:
    • Has a significant relationship with the victim; or
    • Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.
  • Wash. Rev. Code § 9a.44.050
Rape in the Third Degree

Under circumstances not constituting rape in the first or second degrees, defendant engages in sexual intercourse with another person:

  • Where the victim did not consent to sexual intercourse with defendant and such lack of consent was clearly expressed by the victim’s words or conduct, or
  • Where there is a threat of substantial unlawful harm to property rights of the victim.
  • Wash. Rev. Code. § 9A.44.060
Rape of a Child
  • Engaging in sexual intercourse with another who is less than 12 years old, not married to the defendant, and the defendant is at least 24 months older than the victim.
  • Wash. Rev. Code. § 9A.44.073
Rape of a Child in the Second Degree
  • Engaging in sexual intercourse with another who is at least 12 years old but less than 14 years old, not married to the defendant, and the defendant is at least 36 months older than the victim.
  • Wash. Rev. Code. § 9A.44.076
Rape of a Child in the Third Degree
  • Engaging in sexual intercourse with another who is at least 14 years old but less than 16 years old, not married to the defendant, and the defendant is at least 48 months older than the victim.
  • Wash. Rev. Code. § 9A.44.079
Sexual Misconduct with a Minor in the First Degree
  • Engaging, or knowingly causing another person under the age of 18 years to engage, in sexual intercourse with another person who is at least 16 years but less than 18 years and not married to the defendant; and defendant is:
    • At least 60 months older than the victim;
    • In a significant relationship to the victim; and
    • Abuses a supervisory position within that relationship in order to engage, in or cause another person under the age of 18 to engage in, sexual intercourse with the victim;
    • Defendant is a school employee who has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with an enrolled student of the school who is at least 16 years old and not more than 21 years old and not married to the employee, if the employee is at least 60 months older than the student; or
    • Defendant is a foster parent who has, or knowingly causes another person under the age of 18 to have, sexual intercourse with his or her foster child who is at least 16.
  • Wash. Rev. Code. § 9A.44.093
Sexual Misconduct with a Minor in the Second Degree
  • Engaging, or knowingly causing another person under the age of 18 years to engage, in sexual contact with another person who is at least 16 years but less than 18 years and not married to the defendant; and defendant is:
    • At least 60 months older than the victim;
    • In a significant relationship to the victim; and
    • Abuses a supervisory position within that relationship in order to engage, in or cause another person under the age of 18 to engage in, sexual contact with the victim;
    • Defendant is a school employee who has, or knowingly causes another person under the age of eighteen to have, sexual contact with an enrolled student of the school who is at least 16 years old and not more than 21 years old and not married to the employee, if the employee is at least 60 months older than the student; or
    • Defendant is a foster parent who has, or knowingly causes another person under the age of 18 to have, sexual contact with his or her foster child who is at least 16.
  • Wash. Rev. Code. § 9A.44.096
Sodomy
  • Washington does not penalize sodomy.
  • N/A





West Virginia Definition Crime Definition Statute
Sexual Assault in the First Degree

A person is guilty of sexual assault in the first degree when:

  • The person engages in sexual intercourse or sexual intrusion with another person and in so doing inflicts serious bodily injury upon anyone or employs a deadly weapon in the commission of the act, or
  • The person, being 14 years old or more, engages in sexual intercourse or sexual intrusion with another person who is younger than 12 years old and is not married to that person.
  • W. Va. Code § 61-8B-3
Sexual Assault in the Second Degree

A person is guilty of sexual assault in the second degree when:

  • Such person engages in sexual intercourse or sexual intrusion with another person without the person’s consent, and
  • The lack of consent results from forcible compulsion, or
  • Such person engages in sexual intercourse or sexual intrusion with another person who is physically helpless.
  • W. Va. Code § 61-8B-4
Sexual Assault in the Third Degree

A person is guilty of sexual assault in the third degree when:

  • The person engages in sexual intercourse or sexual intrusion with another person who is mentally defective or mentally incapacitated, or
  • The person, being 16 years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than 16 years old and who is at least 4 years younger than the defendant and is not married to the defendant.
  • W. Va. Code § 61-8B-5
Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth. West Virginia has no specific statutory rape statute, but this concern is captured under W. Va. Code § 61-8B-5
  • A person is guilty of sexual assault in the third degree when:
    • The person, being 16 years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than 16 years old and who is at least 4 years younger than the defendant and is not married to the defendant.
  • W. Va. Code § 61-8B-5
Sodomy
  • West Virginia does not have an anti-sodomy law on the books.
  • N/A





Wisconsin Definition Crime Definition Statute
Sexual Assault in the First Degree

Whoever:

  • Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person, or
  • Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon, or
  • Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
  • Wis. Stat. § 940.225(1)
Sexual Assault in the Second Degree

Whoever:

  • (a) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
  • (b)  Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.
  • (c)  Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the persons conduct, and the defendant knows of such condition.
  • (cm)  Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent.
  • (d)  Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
  • (f)  Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person.
  • (g)  Is an employee of a facility or program under s. 940.295 (2) (b), (c), (h) or (k) and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility or program.
  • (h)  Has sexual contact or sexual intercourse with an individual who is confined in a correctional institution if the actor is a correctional staff member. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.
  • (i)  Has sexual contact or sexual intercourse with an individual who is on probation, parole, or extended supervision if the actor is a probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influence another probation, parole, or extended supervision agents supervision of the individual. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.
  • (j)  Is a licensee, employee, or non-client resident of an entity, as defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual intercourse with a client of the entity.
  • Wis. Stat. § 940.225(2)
Sexual Assault in the Third Degree
  • Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony.
  • Whoever has sexual contact in the manner described in subsection 5(b)(2) or (3) (regarding penile ejaculation or emission of urine or feces) with a person without the consent of that person is guilty of a Class G felony.
  • Wis. Stat. § 940.225(3)
Sexual Assault in the Fourth Degree
  • Except as provided in §940.225(3), whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor.
  • Wis. Stat. § 940.225(3m)
Sexual Assault of a Child
  • First degree:
    • Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years and causes great bodily harm to the person is guilty of a Class A felony and subject to a 25 year mandatory minimum ;
    • Whoever has sexual intercourse with a person who has not attained the age of 12 years is guilty of a Class B felony and subject to a 25 year mandatory minimum;
    • Whoever has sexual intercourse with a person who has not attained the age of 16 years by use of threat of force or violence is guilty of a Class B felony and subject to a 25 year mandatory minimum;
    • Whoever has sexual contact with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony if the actor is at least 18 years of age when the sexual contact occurs and is subject to a 5 year mandatory minimum; or
    • Whoever has sexual contact with a person who has not attained the age of 13 years is guilty of a Class B felony.
  • Second degree:
    • 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.
  • Wis. Stat. § 948.02
Sexual Exploitation of a Therapist
  • Any person who is or who holds himself or herself out to be a therapist and who intentionally has sexual contact with a patient or client during any ongoing therapist-patient or therapist-client relationship, regardless of whether it occurs during any treatment, consultation, interview or examination, is guilty of a Class F felony.
  • Wis. Stat. § 940.22
Sexual Assault of a Child Placed in Substitute Care
  • Whoever does any of the following is guilty of a Class C felony:
    • Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent; or
    • Has sexual contact or sexual intercourse with a child who is placed in any of the following facilities if the actor works or volunteers at the facility or is directly or indirectly responsible for managing it:
      • A shelter care facility (licensed under s.48.66(1)(a)(b));
      • A group home (licensed under s.48.625 or 48.66(1)(c)); or
      • A facility described in s.940.295(2)(m) (residential care center for children and youth operated by a child welfare agency).
  • Wis. Stat. § 948.085
Sexual Assault of a Child by a School Staff Person or Person Who Works or Volunteers with Children
  • Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendants spouse is guilty of a Class H felony if all of the following apply:
    • The child is enrolled as a student in a school or a school district, and
    • The defendant is a member of the school staff or the school or school district in which the child is enrolled.
  • A person who has attained the age of 21 and engages in an occupation or participates in a volunteer position that requires him to work or interact directly with children (including, teaching, child care, coaching, counselor, youth organization, parks or playground recreation, or school bus driving) may not have sexual contact or sexual intercourse with a child who has attained the age of 16, who is not the person’s spouse.
  • Wis. Stat. § 948.095
Statutory Rape
  • “Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth.
  • Wisconsin has no specific statutory rape statute, but this concept is captured under Wis. Stat. § 948.09, “Sexual Intercourse with a Child Age 16 or Older”: 
    • Whoever has sexual intercourse with a child who is not the defendant’s spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor.
    • Child:
      • A person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child” does not include a person who has attained the age of 17.
  • Also, see Wis. Stat. § 948.02, “Sexual Assault of a Child”:
    • Whoever has sexual intercourse with a person who has not attained the age of 12 years is guilty of a Class B felony.
  • Wis. Stat. § 948.09
Sodomy
  • Wisconsin does not have an anti-sodomy law on the books.
  • N/A





Wyoming Definition Crime Definition Statute
Sexual Assault in the First Degree
  • Inflicting sexual intrusion on a victim and:
    • The actor causes submission of the victim through physical force or forcible confinement;
    • The actor causes submission of the victim by threat of death, serious bodily injury, extreme physical pain or kidnapping to be inflicted on anyone and the victim reasonably believes the actor has the present ability to execute these threats;
    • The victim is physically helpless, and the actor knows or reasonably should know that the victim is physically helpless and has not consented; or
    • The actor knows or reasonably should know that the victim, through a mental illness, mental deficiency, or developmental disability, is incapable of appraising the nature of the victim’s conduct.
  • Wyo. Stat. Ann. § 6-2-302
Sexual Assault in the Second Degree
  • Inflicting sexual intrusion on a victim not constituting sexual assault in the first degree and:
    • The actor causes submission of the victim by threatening to retaliate in the future against the victim or the victim's spouse, parents, brothers, sisters or children and the victim reasonably believes the actor will execute this threat.  “To retaliate” includes threats of kidnapping, death, serious bodily injury or extreme physical pain;
    • The actor causes submission of the victim by any means that would prevent resistance by a victim of ordinary resolution;
    • The actor administers, or knows that someone else administered to the victim, without the prior knowledge or consent of the victim, any substance which substantially impairs the victim's power to appraise or control his conduct;
    • The actor knows or reasonably should know that the victim submits erroneously believing that the actor is the victim’s spouse;
    • The actor is in a position of authority over the victim and uses this position of authority to cause the victim to submit;
    • The actor is an employee, independent contractor or volunteer of a state, county, city or town, or privately operated adult or juvenile correctional system, including but not limited to jails, penal institutions, detention centers, juvenile residential or rehabilitative facilities, adult community correctional facilities, secure treatment facilities or work release facilities, and the victim is known or should be known by the actor to be a resident of such facility or under supervision of the correctional system.  Consent of the victim is not a defense; or
    • The actor inflicts sexual intrusion in treatment or examination of a victim for purposes or in a manner substantially inconsistent with reasonable medical practices.
  • Submitting another person to sexual contact, causing serious bodily injury to the victim, and:
    • The actor causes submission of the victim through physical force or forcible confinement;
    • The actor causes submission of the victim by threat of death, serious bodily injury, extreme physical pain or kidnapping to be inflicted on anyone and the victim reasonably believes the actor has the present ability to execute these threats;
    • The victim is physically helpless, and the actor knows or reasonably should know that the victim is physically helpless and has not consented;
    • The actor knows or reasonably should know that the victim, through a mental illness, mental deficiency, or developmental disability, is incapable of appraising the nature of the victim’s conduct;
    • The actor causes submission of the victim by threatening to retaliate in the future against the victim or the victim's spouse, parents, brothers, sisters or children and the victim reasonably believes the actor will execute this threat.  “To retaliate” includes threats of kidnapping, death, serious bodily injury or extreme physical pain;
    • The actor causes submission of the victim by any means that would prevent resistance by a victim of ordinary resolution;
    • The actor administers, or knows that someone else administered to the victim, without the prior knowledge or consent of the victim, any substance which substantially impairs the victim's power to appraise or control his conduct;
    • The actor knows or reasonably should know that the victim submits erroneously believing that the actor is the victim’s spouse; or
    • The actor is in a position of authority over the victim and uses this position of authority to cause the victim to submit; or
    • The actor is an employee, independent contractor or volunteer of a state, county, city or town, or privately operated adult or juvenile correctional system, including but not limited to jails, penal institutions, detention centers, juvenile residential or rehabilitative facilities, adult community correctional facilities, secure treatment facilities or work release facilities, and the victim is known or should be known by the actor to be a resident of such facility or under supervision of the correctional system.  Consent of the victim is not a defense.
  • Wyo. Stat. Ann. § 6-2-303
Sexual Assault in the Third Degree
  • Subjecting a victim to sexual contact, without inflicting sexual intrusion on the victim and without causing serious bodily injury to the victim and not constituting sexual assault in the first degree or sexual assault in the second degree if:
    • The actor causes submission of the victim through physical force or forcible confinement;
    • The actor causes submission of the victim by threat of death, serious bodily injury, extreme physical pain or kidnapping to be inflicted on anyone and the victim reasonably believes the actor has the present ability to execute these threats;
    • The victim is physically helpless, and the actor knows or reasonably should know that the victim is physically helpless and has not consented;
    • The actor knows or reasonably should know that the victim, through a mental illness, mental deficiency, or developmental disability, is incapable of appraising the nature of the victim’s conduct;
    • The actor causes submission of the victim by threatening to retaliate in the future against the victim or the victim's spouse, parents, brothers, sisters or children and the victim reasonably believes the actor will execute this threat.  “To retaliate” includes threats of kidnapping, death, serious bodily injury or extreme physical pain;
    • The actor causes submission of the victim by any means that would prevent resistance by a victim of ordinary resolution;
    • The actor administers, or knows that someone else administered to the victim, without the prior knowledge or consent of the victim, any substance which substantially impairs the victim's power to appraise or control his conduct; or
    • The actor knows or reasonably should know that the victim submits erroneously believing that the actor is the victim’s spouse;
    • The actor is in a position of authority over the victim and uses this position of authority to cause the victim to submit; or
    • The actor is an employee, independent contractor or volunteer of a state, county, city or town, or privately operated adult or juvenile correctional system, including but not limited to jails, penal institutions, detention centers, juvenile residential or rehabilitative facilities, adult community correctional facilities, secure treatment facilities or work release facilities, and the victim is known or should be known by the actor to be a resident of such facility or under supervision of the correctional system.  Consent of the victim is not a defense.
  • Wyo. Stat. Ann. § 6-2-304
Statutory Rape

Sexual abuse of a minor in the first degree

  • Sexual intrusion when the actor is 16 or older and the victim is under 13 years old;
  • Sexual intrusion when the actor is over 18, the victim is under 18, and the actor is the victim’s legal guardian, ancestor, descendent, or sibling of half- or full-blood; or
  • Sexual intrusion when the actor is over 18, the victim is under 16, and the actor occupies a position of authority in relation to the victim.

Sexual abuse of a minor in the second degree

  • Sexual intrusion when the actor is 17 or older, the victim is 13-15, and the victim is at least 4 years younger than the actor;
  • Sexual contact when the actor is 16 or older and the victim is less than 13 years old;
  • Sexual contact when the actor is 18 or older, the victim is less than 18 years old, and the actor is the victim’s legal guardian ancestor, descendent, or sibling of half- or full-blood; or
  • Sexual contact when the actor is 18 or older, the victim is less than 16 years old, and the actor occupies a position of authority in relation to the victim.

Sexual abuse of a minor in the third degree

  • Sexual contact when the actor is 17 or older, the victim is 13-15, and the victim is at least 4 years younger than the actor;
  • Sexual intrusion when the actor is 20 or older, the victim is 16-17, the victim is at least 4 years younger than the actor, and the actor occupies a position of authority in relation to the victim;
  • Sexual intrusion when the actor is less than 16 years old, the victim is less than 13 years old, and the victim is at least 3 years younger than the actor; or
  • Knowingly taking immodest, immoral, or indecent liberties with a victim when the actor is 17 or older, the victim is less than 17 years old, and the victim is at least 4 years younger than the actor.

Sexual abuse of a minor in the fourth degree

  • Sexual contact when the actor is under 16, the victim is under 13, and the victim is at least 3 years younger than the actor; or
  • Sexual contact when the actor is 20 years old or older, the victim is 16-17, the victim is at least 4 years younger than the actor, and the actor occupies a position of authority in relation to the victim.
  • Wyo. Stat. Ann. §§ 6-2-314, 6-2-315, 6-2-316, 6-2-317
Sodomy
  • Wyoming does not prohibit sodomy.  Anal sex is included in the definition of “sexual intrusion”.
  • Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas.
  • N/A





Guam Definition Crime Definition Statute
First Degree Criminal Sexual Conduct
  • Engaging in sexual penetration with the victim and if any of the following circumstances exists:
    • the victim is under 14 years of age;
    • the victim is at least 14 but less than 16 years of age and the actor is a member of the same household as the victim, the actor is related to the victim by blood or affinity to the fourth degree to the victim, or the actor is in a position of authority over the victim and used this authority to coerce the victim to submit;
    • sexual penetration occurs under circumstances involving the commission of any other felony;
    • the actor is aided or abetted by one or more other persons and either (i) the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless, or (ii) the actor uses force or coercion to accomplish the sexual penetration;
    • the actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon;
    • the actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration; or
    • the actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.
  • 9 GCA Ch. 25, §25.15
Second Degree Criminal Sexual Conduct
  • Sexual contact with another person where any of the
  • following circumstances exists:
    • that other person is under 14 years of age;
    • that other person is at least 14 but less than 16 years of age and the actor is a member of the same household as the victim, or is related by blood or affinity to the fourth degree to the victim, or is in a position of authority over the victim and the actor used the authority to coerce the victim to submit;
    • sexual contact occurs under circumstances involving the commission of any other felony;
    • the actor is aided or abetted by one or more other persons and either (i) the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless, or (ii) the actor uses force or coercion to accomplish the sexual contact.
    • the actor is armed with a weapon or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon;
    • the actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact; or
    • the actor causes personal injury to the victim and the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.
  • 9 GCA Ch. 25, §25.20
Third Degree Criminal Sexual Conduct
  • Engaging in sexual penetration with another person where any of the following circumstances exists:
    • that other person is at least 14 years of age and is under 16 years of age;
    • force or coercion is used to accomplish the sexual penetration; or
    • the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.
  • 9 GCA Ch. 25, §25.25
Fourth Degree Criminal Sexual Conduct
  • Engaging in sexual contact with another person where either of the following circumstances exists:
    • force or coercion is used to accomplish the sexual contact;
    • the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.
  • 9 GCA Ch. 25, §25.35





Virgin Islands Definition Crime Definition Statute
Aggravated Rape in the First Degree
  • Perpetrating an act of sexual intercourse or sodomy with a person not the perpetrator’s spouse:
    • Who is under 13; or
    • Who is under 16 residing in the same household as the perpetrator, and force, intimidation, or the perpetrator’s position of authority over the victim is used to accomplish the sexual act.
  • Causing personal injury to a victim as a result of an act of rape in the first degree.
  • Using a deadly weapon during the commission of an act of rape in the first degree.
  • 14 V.I.C. §1700
Aggravated Rape in the Second Degree
  • Perpetrating an act of sexual intercourse or sodomy with a person who is under 18, but 13 years or older and not the perpetrator’s spouse, or by force, intimidation, or the perpetrator’s position of authority over the victim is used to accomplish the sexual act.
  • 14 V.I.C. §1700a
Rape in the First Degree
  • Perpetrating an act of sexual intercourse or sodomy with a person not the perpetrator's spouse:
    • when through idiocy, imbecility or any unsoundness of mind, either temporary or permanent, the person is incapable of giving consent, or, by reason of mental or physical weakness or immaturity or any bodily ailment, the person does not offer resistance;
    • when the person's resistance is forcibly overcome;
    • when the person's resistance is prevented by fear of immediate and great bodily harm which the person has reasonable cause to believe will be inflicted upon the person;
    • when the person's resistance is prevented by stupor or weakness of mind produced by an intoxicating, narcotic or anesthetic agent, or when the person is known by the defendant to be in such state of stupor or weakness of mind from any cause; or
    • when the person is, at the time, unconscious of the nature of the act and this is known to the defendant.
  • 14 V.I.C. §1701
Rape in the Second Degree
  • Any person over 18 who perpetrates under circumstances not amounting to rape in the first degree, an act of sexual intercourse or sodomy with a person not the perpetrator’s spouse who is at least 16 but less than 18 and the perpetrator is 5 years older than the victim, is guilty of second degree rape.
  • 14 V.I.C. §1702
Rape in the Third Degree
  • Any person under 18 but over 16 who perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is under 16 but over 13, under circumstances not amounting to rape in the first degree, is guilty of rape in the third degree.
  • 14 V.I.C. §1703
Unlawful Sexual Conduct in the First Degree
  • Engaging in sexual contact with a person not the perpetrator's spouse:
    • when force or coercion is used to accomplish the sexual contact;
    • when the other person is under 13;
    • when the other person is under 16 residing in the same household as the perpetrator, and force, intimidation or the perpetrator's position of authority over the victim is used to accomplish the sexual contact;
    • when the other person is threatened or placed in fear of imminent and serious bodily injury;
    • when the other person's ability to consent to or resist the contact has been substantially impaired by an intoxicating, narcotic or anesthetic agent; or
    • when the other person is unconscious or physically helpless, or that person's mental defect or incapacity is known to the perpetrator.
  • 14 V.I.C. §1708
Unlawful Sexual Conduct in the Second Degree
  • A person over 18 who engages in sexual conduct with a person not the perpetrator’s spouse who is over 13 but under 16 is guilty of unlawful sexual conduct in the second degree.
  • 14 V.I.C. §1709





Puerto Rico Definition Crime Definition Statute
Sexual Assault
  • Any person who performs sexual penetration, whether vaginal, anal, oral-genital, digital or instrumental under any of the following circumstances shall incur a severe second degree felony:
    • If the victim has not yet reached the age of 16 at the time of the event;
    • If due to mental disability or illness, whether temporary or permanent, the victim is unable to understand the nature of the act at the time of its commission;
    • If the victim has been compelled into the act by means of physical force, violence, intimidation or the threat of serious and immediate bodily harm;
    • If the victim's capability to consent has been annulled or diminished substantially without his/her knowledge or without his/her consent by means of hypnosis, narcotics, depressants or stimulants, or similar means or substances;
    • When at the time of the commission of the act the victim is not conscious of its nature and this circumstance is known to the person accused;
    • If the victim submits to the act by means of deception, trickery, simulation or cover up with respect to the identity of the person accused;
    • If the victim is forced or induced by means of abuse or physical or psychological violence into participating or becoming involved in unwanted sexual relations with third parties;
    • If the accused person is a relative of the victim, by ascendancy or descendancy, or consanguinity, adoption or affinity, or collateral by consanguinity or adoption up to the third degree; or
    • When the accused person takes advantage of the trust deposited in him/her by the victim because there is a relationship of superiority because the victim is under his/her custody, guardianship, or primary, secondary or special education, medical or psychotherapeutic treatment, or any type of counseling, or because there is a relationship with the victim as the leader of his/her religious belief.
  • The crime of sexual assault essentially consists of battery against the bodily or psycho-emotional integrity and dignity of the person.
  •  When considering the circumstances of the crime, the point of view of a person of equal age and gender as the victim shall be taken into consideration.
  •  Ejaculation is not necessary and any sexual penetration, whether vaginal, anal, oral-genital, digital or instrumental, regardless of how slight, shall be sufficient for the consummation of the crime.
  • 33 L.P.R.A. § 4770
Lewd Acts
  • Any person who without the intention to consummate the crime of sexual assault submits another person to an act that tends to awaken, excite or satisfy the sexual passion or desire of the accused, under any of the following circumstances, shall incur a third degree felony:
    • When the victim has not attained the age of 16 years at the time of the commission of the crime;
    • When the victim was compelled to the act by means of physical force, violence, the threat of serious and immediate bodily harm or intimidation, or by means of hypnotics, narcotics, depressants or stimulants, or otherwise similar means or substances;
    • When the victim, due to mental disease or a temporary or permanent disability was unable to understand the nature of the act;
    • When the victim was compelled to the act through the use of deceptive means that substantially annulled or impaired his/her capacity to consent;
    • If the accused has kinship with the victim, by reason of being an ascendant or descendant relative, by consanguinity, adoption or affinity, or collateral by consanguinity or adoption up to the third degree; or
    • (f) When the accused takes advantage of the trust placed upon him/her by the victim because there is a relationship of superiority due to having the victim under his/her custody, guardianship, or primary, middle school or special education, or medical or psychotherapeutic treatment, or any type of counseling, or because there is a religious belief leadership relationship with the victim.
  • 33 L.P.R.A. § 4772
Conjugal Sexual Assault

Any person that engages in a sexual relation[ship] without the consent of the spouse or former spouse, or of the person with whom he/she cohabitates or has cohabited or of the person he/she has or has had a consensual relationship, or of the person with whom he/she has procreated a son or daughter, under any of the following circumstances:

  • If the person has been compelled to engage in sexual conduct through the use of force, violence, intimidation or threat of grave or immediate bodily harm; or
  • if the person's capacity to resist has been substantially annulled or reduced, without the person's knowledge or the person's consent through the use of hypnotic methods, narcotics, depressants, stimulants or similar means or substances; or
  • if due to an illness or temporary or permanent mental disability, the person were unable to understand the nature of the act at the time it is carried out; or
  • if the person is forced or induced by the use of abuse, physical or psychological violence to participate or become involved in an undesired sexual relation with third parties.

The penalty to be imposed for this crime, with the exception of the modality referred to in subsection (a) of this section, shall be that of a second degree felony.

The penalty to be imposed for this crime in all its modalities shall correspond to a felony in the second degree. 

The court may impose the penalty of restitution besides the established penalty of imprisonment in any of the modalities indicated above.

  • 8 L.P.R.A. § 635








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