Rape laws in the United States

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

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

— Uniform Crime Report
Main article: Rape in the United States

Terminology

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

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

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

Federal

Civilian

Federal law applies in Federal areas and in cases of displacement between States:[3]

Offense Article Mandatory sentencing
Sexual abuse 18 U.S. Code § 2242 Life without parole[Note 2] or any other term
Aggravated sexual abuse by force or threat 18 U.S. Code § 2241(a) Life without parole or any other term
Aggravated sexual abuse by other means 18 U.S. Code § 2241(b) Life without parole or any other term
Aggravated sexual abuse with children 18 U.S. Code § 2241(c) Life imprisonment without parole or any term not less than 30 years

Military
Further information: Sexual assault in the United States military

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

Offense Article Mandatory sentencing
Rape 10 U.S. Code § 920 - Art. 120(a) "as a court-martial may direct"[Note 3]
Forcible Sodomy 10 U.S. Code § 925 - Art. 125(a) Life without parole or any other term

District of Columbia

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

Offense Article Mandatory sentencing
First Degree Sexual Abuse DC Code § 22–3002 Up to 20 years
Second Degree Sexual Abuse DC Code § 22–3003 Life imprisonment or any other term
First degree child sexual abuse DC Code § 22–3008 Life imprisonment without parole
First degree sexual abuse of a secondary education student DC Code § 22–3009.03 Up to 10 years
First degree sexual abuse of a ward, patient, client, or prisoner DC Code § 22–3013 Up to 10 years
First degree sexual abuse of a patient or client DC Code § 22–3015 Up to 10 years

States
  Coercion-based law (all penetrative sex)
  Consent-based law (anal and oral sex)
  Consent-based law (vaginal, anal and oral sex)
  Coercion-based law (non-penetrative sex)
  Consent-based law (non-penetrative sex)

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

Alabama
Main article: Rape law in Alabama

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

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

Alaska
Offense Article Mandatory sentencing
Sexual assault in the first degree AS §11.41.410 99 years or less[Note 4]
Sexual assault in the second degree AS §11.41.420 99 years or less
Sexual assault in the third degree AS §11.41.425 99 years or less
Sexual assault in the fourth degree AS §11.41.427 1 year or less
Sexual abuse of a minor in the first degree AS §11.41.434 Between 20 to 99 years
Sexual abuse of a minor in the second degree AS §11.41.436 Between 5 to 99 years
Sexual abuse of a minor in the third degree AS §11.41.438 5 years or less
Sexual abuse of a minor in the fourth degree AS §11.41.440 1 year or less

Arizona

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

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

Arkansas

Source:[10]

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

§5-14-124

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

California

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

Offense Article Mandatory sentencing
Rape Cal. Penal Code §261, Cal. Penal Code §264(a) 3, 6 or 8 years
Rape when victim under 14 Cal. Penal Code §261, Cal. Penal Code §264(c)(1) 9, 11 or 13 years
Rape when victim between 14 and 18 Cal. Penal Code §261, Cal. Penal Code §264(c)(2) 7, 9 or 11 years
Rape of a spouse Cal. Penal Code §262, Cal. Penal Code §264(a) 3, 6 or 8 years
Rape of a spouse when victim under 14 Cal. Penal Code §262, Cal. Penal Code §264(c)(1) 9, 11 or 13 years
Rape of a spouse when victim between 14 and 18 Cal. Penal Code §262, Cal. Penal Code §264(c)(2) 7, 9 or 11 years
Sodomy Cal. Penal Code §286 Depends from the circumstances[Note 5]
Oral copulation Cal. Penal Code §288a Depends from the circumstances[Note 6]
Forcible Acts of Sexual Penetration Cal. Penal Code §289 Depends from the circumstances[Note 7]

Spousal rape was recognized as a crime by Section 262 of California's Penal Code in 1979.[12] However, there are separate criminal offenses for non-spousal rape (Section 261) and for spousal rape (Section 262);[13] the latter continues to be treated as a less serious crime.[12]

  • Having sex with one's spouse without their consent is not recognized as a crime.[12] Section 262 requires that, if spouse A does not want to have sex, they need to resist the forceful sexual advances of spouse B, unless A is 'prevented from resisting by any controlled substance', or 'incapable of resisting' because A is unconscious or asleep, unaware of the sexual act occurring, or deceived by 'the perpetrator's fraud in fact', in which cases the sexual act does amount to rape.[13]
  • Having sex with someone other than one's spouse without their consent is recognized as a crime.[12] However, Section 261 indicates that this only applies if the victim is 'incapable [of giving legal consent] because of a mental disorder or developmental or physical disability'. Otherwise, the victim is required to resist the forceful sexual advances of the perpetrator, unless the victim is 'prevented from resisting by any controlled substance', or 'incapable of resisting' because A is unconscious or asleep, unaware of the sexual act occurring, or deceived by 'the perpetrator's fraud in fact' or 'the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose', in which cases the sexual act does amount to rape.[13]

Since January 1, 2019, Section 261.6 defines "consent" as 'positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.' Sections 261.6 and 261.7 stipulate that, wherever 'consent is at issue', 'a current or previous dating or marital relationship shall not be sufficient to constitute consent', neither is 'evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device'.[13]

Colorado

Sexual assault describes rape in the law of Colorado, and several factors make this crime, normally classified as class 3 felony, to be punished more harshly.[14]

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

Connecticut

Source:[15]

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

Delaware

In Delaware, rape is divided in four degrees.[16]

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

Florida

In Florida, rape is denominated "sexual battery." Of note, the offense of capital sexual battery recover cases where the offender is above 18 and the victim below 12.[17]

Offense Article Mandatory sentencing
Statutory sexual battery Fla. Stat. § 794.011(8)(a) Up to 5 years
Sexual battery Fla. Stat. § 794.011(2)(b), Fla. Stat. § 794.011(5)(b), Fla. Stat. § 794.011(5)(c) Up to 15 years
Aggravated sexual battery Fla. Stat. § 794.011(2)(b), Fla. Stat. § 794.011(3), Fla. Stat. § 794.011(2)(b) Life without parole
Capital sexual battery Fla. Stat. § 794.011(2)(a) Death[Note 8] or Life without parole
Sodomy Fla. Stat. § 800.02 Up to 60 days[Note 1]

Section 794.011 of the Florida Statutes defines "consent" as 'intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.' Any sexual act performed on a person without their freely given or affirmative consent is punishable as 'sexual battery' to various degrees (depending on the perpetrator's and victim's ages, and whether no, some, or potentially deadly physical force or coercion was used).[18][19]

Georgia

In Georgia, the offense of rape is consolidated in only one offense, and a separate charge of sodomy has been defined.[20]

Offense Article Mandatory sentencing
Rape Ga. Code Ann. § 16-6-1 Death,[Note 8] LWOP, life with parole, or any sentence not less than 25 years followed by lifetime probation
Aggravated sodomy Ga. Code Ann. § 16-6-2(a)(2) Life or any term not above 25 followed by life probation
Statutory rape Ga. Code Ann. § 16-6-3
  • If offender above 21 then between 10 and 20 years
  • If victim between 14 and 16 and offender below 18 and no more than four years older than the victim then it is a misdemeanor
  • Else, between 1 and 20 years

Hawaii

In Hawaii, the offense of sexual assault has been divided in three degrees.[21]

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

Idaho

Idaho defines, besides classical rape, marital rape.[22]

Offense Article Mandatory Sentencing
Rape Idaho Code Ann. § 18-6101 Life or not less than 1 year
Rape of spouse Idaho Code Ann. § 18-6107 Life or not less than 1 year
Infamous crime against nature Idaho Code Ann. § 18-6605 Life or not less than 5 years

Illinois

In Illinois, the term of "criminal sexual assault" is used to describe what would be termed rape in the usual language.[23]

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

According to the 2012 Criminal Code of the Illinois Compiled Statutes, Section 720 ILCS 5/11-1.70, "consent" is 'a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent. A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.' However, the lack of consent is not sufficient to prosecute anyone for a sex crime (except in very specific cases in which the victim is deemed incapable of consenting, namely Section 11-1.20 (a)(2), Section 11-1.50.(a)(2), Section 11-9.2.(e), and Section 11-9.5.(c)), making Illinois' rape legislation coercion-based (Section 11-1.20 (a)(1)).[24][25]

Indiana

In Indiana, there is only one separate disposition for the crime of rape, on which, if needed, are applied aggravating circumstances.[26]

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

Iowa

In Iowa, there are three degrees of rape.[27]

Offense Article Mandatory sentencing
Sexual Abuse in the First Degree Iowa Code § 709.2 Life without parole
Sexual Abuse in the Second Degree Iowa Code § 709.3 Up to 25 years
Sexual Abuse in the Third Degree Iowa Code § 709.4 Up to 10 years

Kansas

In addition to the different categories of statutory rape, there is one category of rape in Kansas.[28]

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

Kentucky

The law in Kentucky separates rape and sodomy, both divided into three degrees.[29]

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

Louisiana

Louisiana has divided the offense of rape into three degrees.[30]

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

Offense Article Mandatory sentencing
First Degree Rape LA. REV. STAT. ANN. § 14:42 Life without parole
First Degree Rape on child under 13 LA. REV. STAT. ANN. § 14:42 D. (2)(a) Death[Note 8] or life without parole
Second Degree Rape LA. REV. STAT. ANN. § 14:42.1 Between 5 and 40 years
Third Degree Rape LA. REV. STAT. ANN. § 14:43 Up to 25 years

Maine

In Maine, rape is denominated "Gross Sexual Assault."[31]

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

Maryland

In Maryland, rape, divided into two degrees, is restricted to non-consented vaginal penetration while sexual offenses, divided in four degrees, include sexual acts in the two first degrees, here defined by any forced penetration.[32]

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

Massachusetts

Several different statutes define rape in Massachusetts.[33]

Offense Article Mandatory sentencing
Rape MASS. GEN. LAWS. ANN. ch. 265, § 22 Life or any other term[Note 16]
Rape of a Child MASS. GEN. LAWS. ANN. ch. 265, § 22A Life or any other term
Rape of a Child During Commission of Certain Offenses MASS. GEN. LAWS. ANN. ch. 265, § 22B Life or any term not less than 15 years
Rape of a Child by Previously Convicted Offenders MASS. GEN. LAWS. ANN. ch. 265, § 22C Life or any term not less than 20 years
Statutory Rape MASS. GEN. LAWS. ANN. ch. 265, § 23 Life or any other term
Aggravated Statutory Rape of a Child MASS. GEN. LAWS. ANN. ch. 265, § 23A Life or any term not less than 10 years
Statutory Rape of a Child by Previously Convicted Offenders MASS. GEN. LAWS. ANN. ch. 265, § 23B Life or any term not less than 15 years
Crime against nature[Note 1] MASS. GEN. LAWS. ANN. ch. 272, § 34 Up to 20 years

Michigan

In Michigan, the offense of rape is contained into the offenses of Criminal Sexual Conduct.[34]

Offense Article Mandatory sentencing
Crime against nature[Note 1] MICH. COMP. LAWS ANN. § 750.158 Life or any other term
Criminal Sexual Conduct in the First Degree MICH. COMP. LAWS ANN. § 750.520b Life or any other term
Criminal Sexual Conduct in the Second Degree MICH. COMP. LAWS ANN. § 750.520c Up to 15 years
Criminal Sexual Conduct in the Third Degree MICH. COMP. LAWS ANN. § 750.520d Up to 15 years
Criminal Sexual Conduct in the Fourth Degree MICH. COMP. LAWS ANN. § 750.520e Up to 2 years

Minnesota

In Minnesota the offense is divided into five degrees, of whose the first three cover rape.[35]

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

Mississippi

Several disparate statutes are appliable to the crime of rape.[36]

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

Missouri

In Missouri, both rape and statutory rape, along with sodomy, are divided into two degrees.[37]

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

Montana

In Montana rape is denominated Sexual Intercourse Without Consent.[38]

Offense Article Mandatory sentencing
Sexual Intercourse Without Consent Mont. Code Anno. § 45-5-503 Life or between 2 and 100 years
Second conviction for sexual intercourse without consent when both accompanied by serious bodily injury Mont. Code Anno. § 45-5-503(3)(c) Death[Note 8] or Life without parole

Nebraska

In Nebraska the first degrees of several sex offenses cover cases of rape.[39]

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

Nevada

In Nevada, the offense of rape is denominated Sexual Assault.[40]

Offense Article Mandatory sentencing
Sexual Assault Nev. Rev. Stat. Ann. § 200.366 Life with a minimum of 10 years
Sexual Assault causing substantial bodily harm Nev. Rev. Stat. Ann. § 200.366(2)(a) Life without parole or life with a minimum of 10 years
Statutory Sexual Seduction when offender above 21 Nev. Rev. Stat. Ann. § 200.368(1) Between 1 and 10 years
Statutory Sexual Seduction when offender under 21 Nev. Rev. Stat. Ann. § 200.368(2) Up to 364 days

New Hampshire

In New Hampshire, rape is denominated Sexual Assault.[41]

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

New Jersey

In New Jersey, rape is covered as Aggravated Sexual Assault in the First Degree.[42]

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

New Mexico

In New Mexico the offense of rape is punished as Criminal Sexual Penetration, itself divided in four degrees.[43]

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

New York

In New York the crime of rape and Criminal Sexual Act are divided in three degrees; moreover, the offense of "Sexual Misconduct" describes any sexual act done without the victim's consent.[44]

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

Sexual offenses are defined as 'sexual [acts] committed without consent of the victim'. Lack of consent results from 4 possible causes: forcible compulsion, incapacity to consent, the victim not expressly or impliedly acquiesceing (in sexual abuse and forcible touching cases), or expression of lack of consent (in sexual intercourse and sexual oral or anal conduct cases). Consent itself is not defined; Section 130.5 of the New York Penal Law only stipulates that a person who doesn't want to have sex needs to be clear enough in their words and acts, so that 'a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances'. This description doesn't make clear whether affirmative consent is required to have sex (or conversely, whether a lack of affirmative consent can result in a sexual offense), but both Section 130.25 Rape in the third degree (3) and Section 130.40 Criminal sexual act in the third degree (3) do provide this possibility in the form of catch-all clauses by stating that, whenever there is a 'lack of consent (...) by reason of some factor other than incapacity to consent', this is sufficient for the sexual act to amount to a crime.[45][46]

North Carolina

In North Carolina, the offenses of Rape and Sexual Offense cover cases of forced penetration.[47]

The Constitution of North Carolina ranks rape among the crimes which can be punished by death, although Kennedy v. Louisiana restricts the range of capital crimes to homicides and crimes against the State.[48]

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

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

First Degree Statutory Rape N.C. Gen. Stat. Ann. § 14-27.24 LWOP, life with parole or a prison term of at least 25 years

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

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

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

First Degree Statutory Sexual Offense N.C. Gen. Stat. Ann. § 14-27.29 LWOP, life with parole or a prison term of at least 25 years

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

Statutory Sexual Offense of a Person Who Is 15 Years of Age or Younger N.C. Gen. Stat. Ann. § 14-27.30 LWOP, life with parole or a prison term of at least 12 years

North Dakota

In North Dakota, rape is defined as Gross Sexual Imposition, although several other crimes describe cases of statutory rape.[49]

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

Ohio

In Ohio, the offenses of Rape and Sexual Battery are relevant to this article.[50]

Offense Article Mandatory sentencing
Rape Ohio Rev. Code Ann. § 2907.02 Between 3 and 11 years
Rape when victim drugged Ohio Rev. Code Ann. § 2907.02(A)(1)(a) Between 5 and 11 years
Rape of victim under 13 Ohio Rev. Code Ann. § 2907.02(A)(1)(b) Life
Rape of victim under 13 when offender under 16 Ohio Rev. Code Ann. § 2907.02(A)(1)(b) At least 25 years
Rape of victim under 13 when offender already convicted for the same act, when serious physical harm has been inflicted or when victim under 10 Ohio Rev. Code Ann. § 2907.02(A)(1)(b) Life without parole
Sexual Battery Ohio Rev. Code Ann. § 2907.03 Between 9 months to 5 years
Sexual Battery when victim under 13 Ohio Rev. Code Ann. § 2907.03 Between 2 and 8 years

Oklahoma

Oklahoma divides the offense of rape in two degrees and enacted a capital version of the Jessica's Law.[51]

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

Oregon

In Oregon, both rape and sodomy are divided in three degrees, and the crime of Unlawful Sexual Penetration is divided in two degrees.[52]

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

Pennsylvania

In Pennsylvania, the offenses of rape, involuntary deviate sexual intercourse and sexual assault cover what could be commonly called rape.[53]

Offense Article Mandatory sentence
Rape 18 Pa. Cons. Stat. § 3121 Up to 20 years[Note 19]
Rape of a child less than 13 18 Pa. Cons. Stat. § 3121(c) Up to 40 years
Rape of a child less than 13 with serious bodily injury 18 Pa. Cons. Stat. § 3121(d) Life with parole or any other term
Involuntary Deviate Sexual Intercourse 18 Pa. Cons. Stat. § 3123 Up to 20 years[Note 19]
Involuntary Deviate Sexual Intercourse of a child less than 13 18 Pa. Cons. Stat. § 3123(c) Up to 40 years
Involuntary Deviate Sexual Intercourse of a child less than 13 with serious bodily injury 18 Pa. Cons. Stat. § 3123(d) Life with parole or any other term
Statutory Sexual Assault in the Second Degree 18 Pa. Cons. Stat. § 3122.1(a) Up to 10 years
Statutory Sexual Assault in the First Degree 18 Pa. Cons. Stat. § 3122.1(b) Up to 20 years
Institutional Sexual Assault

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

 18 Pa. Cons. Stat. § 3124.2 Up to 7 years
Aggravated Indecent Assault 18 Pa. Cons. Stat. § 3125(a) Up to 10 years
Aggravated Indecent Assault of a Child under 13 18 Pa. Cons. Stat. § 3125(b) Up to 20 years

In the Pennsylvania Consolidated Statutes, 'Section 3107. Resistance not required' stipulates that 'the alleged victim need not resist the actor in prosecutions under this chapter'. The Statutes do not define consent, but if an actor engages in sexual intercourse or deviate sexual intercourse, or aggravated indecent assault, with a complainant without the latter's consent, this makes the actor punishable under 'Section 3124.1. Sexual assault', or 'Section 3125. Aggravated indecent assault', respectively. Furthermore, mental disability can render a person incapable of consenting to sexual intercourse, deviate sexual intercourse, or aggravated indecent assault, thus making an actor who engages in these acts with a mentally disabled complainant punishable under 'Section 3121. Rape', 'Section 3123. Involuntary deviate sexual intercourse', or 'Section 3125. Aggravated indecent assault', respectively.[54][55]

Rhode Island

In Rhode Island, the three degrees of Sexual Assault and the first degree of Child Molestation Sexual Assault are relevant to this article.[56]

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

South Carolina

South Carolina divides "criminal sexual conduct" in three degrees, along two categories of teacher-student sex and a special crime for spousal rape.[57]

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

South Dakota

In South Dakota, there is four degrees to the crime of rape.[58]

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

Tennessee

In Tennessee the law distinguishes between Rape and Aggravated Rape, along with some dispositions on statutory rape.[59]

Offense Article Mandatory sentencing
Aggravated Rape Tenn. Code Ann. § 39-13-502 Between 15 and 60 years
Rape Tenn. Code Ann. § 39-13-503 Between 8 and 30 years

Texas

In Texas, rape is described as Sexual Assault.[60]

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

Section 22.011 (a) defines sexual assault as an actor performing various forms of sexual penetration of another person's body without that person's consent. Section 22.011 (b) implies that a person's consent is always present, except in 12 specified circumstances that render a person incapable of consenting, such as being forced or coerced with violence or threats by the actor (possibly because of the unequal power balance between the actor and the other person), unconscious or 'physically unable to resist', or having a 'mental disease or defect'. Although Subsection (b)(3) and (4) could be interpreted as requiring the other person to resist the sexual assault, in the 2016 Orgain v. State case the Second District Court of Appeals ruled that sexual assault is defined by the attacker's use of force or coercion, not by the victim's resistance.[61] Texas sexual assault law is therefore coercion-based: the actor requires no freely given consent or affirmative consent from the other person, and the other person cannot freely revoke their implied permanent consent, unless they can satisfy one of the 12 specified circumstances. In other words: if the other person claims not to have wanted to have sex with the actor, but cannot be demonstrated to have been incapable of consenting, and the actor cannot be demonstrated to have used some kind of force or coercion, it is not sexual assault under Texas state law.[62]

Utah

Utah has several laws regarding rape, rape by objects and statutory rape.[63]

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

Vermont

In Vermont, rape is denominated Sexual Assault.[64]

Offense Article Mandatory sentencing
Sexual Assault 13 V.S.A. §§ 3252 & 3254 Life or any term not less than 3 years[Note 22]
Aggravated Sexual Assault 13 V.S.A. § 3253 Life or any term not less than 10 years
Aggravated Sexual Assault of a Child 13 V.S.A. § 3253(a) Life or any term not less than 25 years
Sexual Exploitation of an Inmate 13 V.S.A. § 3257 Up to 5 years
Sexual Exploitation of a Minor 13 V.S.A. § 3258 Up to 1 year[Note 23]

Virginia

In Virginia, there is a single offense of Rape along with Forcible Sodomy and various forms of Carnal Knowledge.[65]

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

Washington

In Washington, there is three degrees for the offenses of Rape and Rape of a Child, and two degrees for Sexual Misconduct with a Minor.[66]

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

West Virginia

In West Virginia, the offense of rape, denominated as "Sexual Assault," is divided in three degrees.[67]

Offense Article Mandatory sentencing
Sexual Assault in the First Degree W. Va. Code § 61-8B-3 From 15 years to 35 years[Note 27]
Sexual Assault in the Second Degree W. Va. Code § 61-8B-4 From 10 years to 25 years
Sexual Assault in the Third Degree W. Va. Code § 61-8B-5 From 1 year to 5 years

Wisconsin

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

Additional offenses cover cases of sexual exploitation on vulnerable persons.[68]

Offense Article Mandatory sentencing
Sexual Assault in the First Degree Wis. Stat. § 940.225(1) Up to 60 years
Sexual Assault in the Second Degree Wis. Stat. § 940.225(2) Up to 40 years
Sexual Assault in the Third Degree Wis. Stat. § 940.225(3) Up to 10 years
Sexual Assault of a Child in the First Degree Wis. Stat. § 948.02 Vary[Note 28]
Sexual Assault of a Child in the Second Degree Wis. Stat. § 948.02 Up to 40 years
Sexual Assault of a Child Placed in Substitute Care Wis. Stat. § 948.085 Up to 40 years
Sexual Assault of a Child by a School Staff Person or Person Who Works or Volunteers with Children Wis. Stat. § 948.095 Up to 6 years
Sexual Intercourse with a Child Age 16 or Older Wis. Stat. § 948.09 Up to 9 months

Wyoming

In Wyoming, rape, denominated there Sexual Assault, is divided in three degrees, and statutory rape, denominated Sexual Abuse of a Minor, is divided in four degrees, the three first involving penetration.[69]

Offense Article Mandatory sentencing
Sexual Assault in the First Degree Wyo. Stat. Ann. § 6-2-302 From 5 to 50 years[Note 29]
Sexual Assault in the Second Degree Wyo. Stat. Ann. § 6-2-303 From 2 to 20 years[Note 30]
Sexual Assault in the Third Degree Wyo. Stat. Ann. § 6-2-304 Up to 10 years[Note 30]
Sexual abuse of a minor in the first degree Wyo. Stat. Ann. §§ 6-2-314 Up to 50 years[Note 31]
Sexual abuse of a minor in the second degree Wyo. Stat. Ann. §§ 6-2-315 Up to 20 years
Sexual abuse of a minor in the third degree Wyo. Stat. Ann. §§ 6-2-316 Up to 15 years

Territory

American Samoa

The laws of American Samoa distinguished between rape, sexual assault, sodomy and deviate sexual assault.[70]

Offense Article Mandatory sentencing
Rape A.S.C.A. 46.3604 5 to 15 years[Note 32]
Sexual assault A.S.C.A. 46.3610 Up to 7 years[Note 33]
Sodomy[Note 1] A.S.C.A. 46.3611 5 to 15 years[Note 32]
Deviate sexual assault A.S.C.A. 46.3612 Up to 7 years[Note 33]

Guam

In Guam, the law distinguishes between four degrees of criminal sexual conduct, the three first involving penetration.[71]

Offense Article Mandatory sentencing
First Degree Criminal Sexual Conduct 9 GCA Ch. 25, §25.15 Life without parole, life with parole or at least 15 years
Second Degree Criminal Sexual Conduct 9 GCA Ch. 25, §25.20 5 to 20 years
Third Degree Criminal Sexual Conduct 9 GCA Ch. 25, §25.25 3 to 10 years

Northern Mariana Islands

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

Offense Article Mandatory sentencing
Sexual Assault in the First Degree 6 CMC §1301 30 years or less
Sexual Assault in the Second Degree 6 CMC §1302 2 to 15 years
Sexual Assault in the Third Degree 6 CMC §1303 1 to 5 years

Puerto Rico

In Puerto Rico, there is only the crime of Sexual Assault (Agresión sexual)[72]

Offense Article Mandatory sentencing
Sexual Assault (Agresión sexual) 33 L.P.R.A. § 5191 50 years or less

Virgin Islands

In the American Virgin Islands, the offense of rape is divided in three degrees, and a separate offense of Aggravated rape is further divided in two degrees.[73]

Offense Article Mandatory sentencing
Aggravated Rape in the First Degree 14 V.I.C. §1700 Life or sentence of 15 years at least[Note 34]
Aggravated Rape in the Second Degree 14 V.I.C. §1700a Life or sentence of 10 years at least[Note 35]
Rape in the First Degree 14 V.I.C. §1701 10 to 30 years
Rape in the Second Degree 14 V.I.C. §1702 10 years or less
Rape in the Third Degree 14 V.I.C. §1703 N/A[Note 36]

Notes and references

Notes
  1. Prosecution banned in consensual cases as per Lawrence v. Texas.
  2. Since 1986, there is no parole in the federal system.
  3. Life or any lesser sentence of years, with a mandatory minimum of dismissal or dishonorable discharge.
  4. For the first offense, presumptive ranges are as follows:
    1. If the victim is less than 13 years of age: 25 to 35 years' imprisonment.
    2. If the victim is 13 years of age or older: 20 to 30 years' imprisonment.
    3. If the offender used a dangerous instrument, a firearm, or caused serious physical injury: 25 to 35 years' imprisonment.
    Offenders who have been previously convicted of felonies face additional time in prison.
  5. Lists of circumstances:
    1. with a victim under 18 years of age (punishable by up to one year's imprisonment);
    2.  with a victim where the offender is over the age of 21 and the victim is under 16 (punishable as a felony);
    3. 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);
    4. 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 (punishable by 3, 6, or 8 years' imprisonment);
    5. 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);
    6. 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);
    7. 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, 6, or 8 years);
    8. 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 and there is a reasonable possibility that the perpetrator will execute the threat (punishable by 5, 7 or 9 years' imprisonment);
    9. 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);
    10. 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);
    11. with a victim of any age while confined in a detention facility (punishable by less than 1 year's imprisonment);
    12. 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);
    13. with a victim who is incapable of giving consent due to mental disorder or physical or developmental disability and the offender knows (or should have known) the victim is unable to consent (punishable by 3, 6, or 8 years' imprisonment);
    14. 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's imprisonment);
    15. 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);
    16. 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
    17. 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).
  6. Victim:
    1. who is under the age of 18 (punishable by up to 1 year's imprisonment);
    2. who is under 16 years of age and the offender is over 21 years of age (punishable as a felony);
    3. 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);
    4. 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);
    5. 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);
    6. 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);
    7. 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);
    8. 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);
    9. 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);
    10. 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);
    11. who  is confined in a prison at the time (punishable by not more than 1 year's imprisonment);
    12. 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; not aware or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact; or 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 offender (punishable by 3, 6, or 8 years' imprisonment)
    13. 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);
    14. 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's imprisonment);
    15. who is prevented from resisting because of a substance and the offender knew or should have known (punishable by 3, 6, or 8 years);
    16. 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
    17. 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).
  7. When:
    1. 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);
    2. 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);
    3. 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);
    4. 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);
    5. 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);
    6. 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's imprisonment); or
    7. 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; not aware or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact; or 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) (punishable by 3, 6, or 8 years' imprisonment);
    8. 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)
    9. 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)
    10. 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)
    11. with another person who is under 18 years of age (punishable by less than 1 year's imprisonment)
    12. with a victim under the age of 16 and the offender is above the age of 21 (punishable as a felony)
    13. 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)
  8. Death penalty banned for non-fatal rapes as per Kennedy v. Louisiana.
  9. Cases:
    1. A defendant convicted of criminal sexual assault under (1) or (2), and was previously convicted of criminal sexual assault or exploitation of a child, or an offense either in Illinois or another state that is substantially equivalent, commits a Class X felony, punishable by a term of imprisonment of not less than 30 years and not more than 60 years, except that if defendant is under the age of 18 at the time of the offense, defendant shall be sentenced under Section 5-4.5-105 of the U.S. Code of Corrections.
    2. A defendant who has attained the age of 18 at the time of the commission of the offense and who is convicted of criminal sexual assault under (1) or (2), and was previously convicted of aggravated criminal sexual assault or predatory criminal sexual assault of a child, of a child, or an offense either in Illinois or another state that is substantially equivalent, shall be sentenced to a term of natural life imprisonment. A person who is under the age of 18 at the time of commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
    3. A second or subsequent conviction under (3) or (4), or under any similar statute of Illinois or another state, is a Class X felony.
  10. Cases:
    1. A defendant convicted under (A)(2) – (7), (B), or (C) commits a Class X felony.
    2. A defendant convicted under (A)(1) commits a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court.
    3. A defendant convicted under (A)(8) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court.
    4. A defendant convicted under (A)(9) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court.
    5. A defendant convicted under (A)(10) commits a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court.
    6. A defendant under the age of 18 at the time of the commission of an offense for which defendant is convicted under (A)(1) – (A)(10) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
    7. A defendant who has attained the age of 18 at the time of the commission of the offense and who is convicted of a second or subsequent conviction for this offense, or a previous conviction for criminal sexual assault, predatory criminal sexual assault of a child, or an offense either in Illinois or another state that is substantially equivalent, will result in a sentence of a term of natural life imprisonment. A person who is under the age of 18 at the time of commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
  11. Cases:
    1. A defendant convicted under (1) commits a Class X felony, for which defendant shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years.
    2. A defendant convicted under (2)(a) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court.
    3. A defendant convicted under (2)(b) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court.
    4. A defendant who has attained the age of 18 and who is convicted under (2)(c) commits a Class X felony for which defendant shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment.
    5. A defendant who is convicted under (1), (2)(a), (2)(b) or (2)(c) and who is under the age of 18 at the time of commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
    6. A defendant convicted under (2)(d) commits a Class X felony for which defendant shall be sentenced to a term of imprisonment of not less than 50 years and not more than 60 years.  A defendant who is under the age of 18 at the time of commission of the offense, however,  shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
    7. A defendant who has attained the age of 18 at the time of commission of the offense and is convicted of an offense committed against 2 or more persons, regardless of whether the offenses occurred as a result of the same act or of several related or unrelated acts, shall be sentenced to a term of natural life imprisonment.  A defendant who is under the age of 18 at the time of commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
    8. If defendant is eighteen years old or older, a second or subsequent conviction for this offense, or a previous conviction for criminal sexual assault, aggravated criminal sexual assault, or an offense either in Illinois or another state that is substantially equivalent, will result in a sentence of a term of natural life imprisonment.  A defendant who is under the age of 18 at the time of commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
  12. Cases:
    1. Non-consensual intercourse by force or force or with a victim that is unconscious or physically powerless is a severity level 1, person felony
    2. Sexual intercourse with a child under 14 is a severity level 1, person felony
    3. Sexual intercourse through the two types of knowing misrepresentation listed above is a severity level 2, person felony
  13. Cases:
    1. Sexual intercourse with a child between 14-16 is a severity level 3, person felony
    2. Engaging in the listed lewd acts with a child 14-16 years old is a severity level 4, person felony
    3. Engaging in the listed lewd acts with a child younger than 14 is a severity level 3, person felony
  14. Cases:
    1. Sodomy between two people who are over 16 years of age or between a person and an animal is a class B, nonperson misdemeanor.
    2. Sodomy with a 14-16 year old or forcing a 14-16 year old to have sodomy is a severity level 3, person felony.
    3. Sodomy with a non-consenting victim or forcing someone to engage in sodomy is a severity level 1, person felony.
    4. Sodomy with a child under 14 or with a victim who does not consent to sodomy but is overcome by fear or force, is unconscious or physically powerless, or is incapable of giving consent is a severity level 1, person felony
  15. Cases:
    1. Compelling sexual acts is a class A crime.
    2. A sexual act with someone under 14 is a class A crime.
    3. A sexual act with someone under 12 is a class A crime.
    4. A sexual act with someone who the offender has in some way intoxicated is a class B crime.
    5. A sexual act by threat is a class B crime.
    6. A sexual act with a person with mental disability is a class B crime.
    7. A sexual act with someone who is unconscious or is otherwise unable to physically resist is a class B crime.
    8. A sexual act, as described above, by a person in an authoritative or disciplinary capacity is a class C crime.
    9. A sexual act with a student under 18 when the offender has an instructional, supervisory, or disciplinary authority over the victim is a class C crime.
    10. A sexual act with a minor by someone in charge of the long-term care and welfare of that person is a class B crime.
    11. A sexual act by a psychiatrist, psychologist, or social worker with a client is a class C crime.
    12. A sexual act by an owner, operator, or employee of an organization licensed by the Department of Health and Human Services on a client of that organization is a class C crime.
    13. A sexual act on a dependent person who is unable to provide self-care is a class C crime.
  16. Cases:
    1. If rape results in or is committed along with acts resulting in serious bodily injury, is committed by a joint enterprise, or is committed during the commission or attempted commission of certain dangerous felonies, it is punishable by life imprisonment or any term of years.
    2. Rape without one of the above factors is punishable by state imprisonment not more than 20 years.  Repeat offenders shall be punished up to life imprisonment.
    3. Committing rape while armed with a firearm or assault weapon is punishable by at least 10 years in state prison. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.
  17. For a first conviction.
  18. Depending from the victim's age.
  19. Minimum of 10 years when victim under 16.
  20. 6 months or less if defendant less than four years older than the minor.
  21. Penetration or oral sex.
  22. Less than 20 years when Statutory Rape.
  23. Up to 5 years when victim under offender's authority.
  24. Aggravated cases:
    1. If the victim is under the age of 13 years and defendant is more than 3 years older than the victim, and the act is done in the commission of, or as part of the same course of conduct as, or as part of a common scheme/plan of any kidnapping, burglary, or assault, then the punishment must include a mandatory minimum term of 25 years;
    2. If the victim is under the age of 13 years and defendant was 18 years of age or older at the time of the offense, the punishment must include a mandatory minimum term of life imprisonment without parole.
  25. Cases:
    1. If defendant is convicted under (A) - victim between 13 and 15 -, then defendant is guilty of a Class 4 felony, imprisonment of not less than two years nor more than 10 years and a fine of not more than $100,000.
    2. If defendant is convicted under (B) - victim between 13 and 15 who consented and the defendant is minor but 3 years senior -, then defendant is guilty of a Class 6 felony, term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
    3. If defendant is convicted under (C) - victim between 13 and 15 who consented and the defendant is minor but less than 3 years the child’s senior -, then defendant is guilty of a Class 4 misdemeanor,  a term of imprisonment of not less than two years nor more than 10 years and a fine of not more than $100,000.
  26. Cases:
    1. If defendant is convicted under (A) -prison guard -, then defendant is guilty of a Class 6 felony, term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both
    2. If defendant is convicted under (B) - defendant is a bond bondsman -, then defendant is guilty of a Class 1 misdemeanor, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
  27. If offender 18 years of age or older and victim is younger than 12 years of age then sentence is from 25 years to 100.
  28. Cases
    1. 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 ;
    2. 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;
    3. 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;
    4. 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;
    5. Whoever has sexual contact with a person who has not attained the age of 13 years is guilty of a Class B felony.
  29. Minimum of 25 years for prior offenders, and life without parole when prior conviction for sexual abuse of a minor or when two or more previous convictions for sexual assault or sexual abuse of a minor.
  30. Minimum of 25 years and maximum of life for prior offenders, and life without parole when prior conviction for sexual abuse of a minor or when two or more previous convictions for sexual assault or sexual abuse of a minor.
  31. Minimum of 25 years if victim under 13 and criminal over 21.
  32. Sentence of life or any term between 10 and 30 years if the actor inflicts serious physical injury on any person or displays a deadly weapon
  33. 5 to 15 years if the actor inflicts serious physical injury on any person or displays a deadly weapon in a threatening manner.
  34. Life or sentence of 25 years at least for any subsequant offense.
  35. Life or sentence of 25 years at least for any subsequant offense.
  36. The perpetrator is subject to the jurisdiction of the Family Division of the Superior Court. In lieu of a term of detention, the court, in its discretion, may recommend appropriate treatment, counseling or family planning.

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