United States state by state rape and abuse laws

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WARNING: In most civilized countries of the world, laws punishing sexual activity are rarely revised. However, in the U.S. state laws may often be revised, and more restrictive laws added, as new panics about "sex crimes", "sex criminals", and "pedophiles" sweep through the population, fanned by the mass media and taken advantage of by unscrupulous politicians in order to garner more public support for their re-election campaigns.

DO NOT consider the following to be "the current laws". Laws may have changed since this list was last compiled!

NOTE: "No means no" refers to the legal definition of rape that requires more than just ignoring someone's protests, but also the use of physical force or threats.

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State

Statute

Classification

Penalty

No Means No

Alabama {Ala. Code § 13A-6-60 (2002)}

*See 13A-5-9 for classification of repeat

offenses:

Second felony offense: Class C reclassified as B; Class B reclassified as A; Class A: 15­99 years

Third felony offense: Class C reclassified

as A; Class B: 15-99; Class A: life/99 year

minimum

*See 13A-5-6 & 7 for felony sentences to include hard labor for state or county

13A-6-70 specifically addresses consent

Rape—1st degree

Class A felony

Life or 10-99 years; not less than 20 year sentence if deadly weapon used

NO

Rape—2nd degree

Class B felony

2-20 year sentence; not less than 10 years if deadly weapon used

NO

Sodomy—1st degree

Class A felony

2-20 years; 10 year minimum if deadly weapon used

NO

Sodomy—2nd

degree

Class B felony

Not more than 1 year

NO

Sexual Misconduct

Class A misdemeanor

1 year/1 day to 10 year sentence; not less than 10 if deadly weapon used

NO

Sexual Abuse—1st degree

Class C felony

Not more than 1 year

YES

Sexual Abuse—2nd

degree

Class A misdemeanor; if subsequent offense is committed within one year, Class C felony

YES

Alaska

{Alaska Stat. § 11.41.470 (2002)}

*See 12.55.155 (2002) for aggravating and mitigating factors which may affect sentencing

Sexual Assault—1st degree

Unclassified felony

Not more than 30 years

NO

Sexual

Assault—2nd

degree

Class B felony

Not more than 10 years; presumptive term of 4 years for 2nd felony, 6 years for 3rd

NO

Sexual

Assault—3rd degree

Class C felony

Not more than 5 years; presumptive term of 2 years for 2nd, felony, 3 years for 3rd

NO

Sexual

Assault—4th degree

Class A misdemeanor

Not more than 1 year

NO

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Sexual Abuse of a minor—1st degree

Unclassified felony

Not more than 30 years

NO

Sexual Abuse of a minor—2nd degree

Class B felony

Not more than 10 years

NO

Sexual Abuse of a minor—3rd degree

Class C felony

Not more than 5 years

NO

Arizona

{Ariz. Rev. Stat. Ann. § 13-1401 (2002)}

*See 13-604 for repeat offenders Force or threat of force against person or property = without consent

Sexual Assault

Class 2 felony

First offense-5.25 to 14 years

Prior felony-7-21 years Two+ felonies-14-28 years (A.R.S. 13-1406)

If victim under 12, life in prison (13-604.1)

NO

Violent Sexual Assault

Class 2 felony

Natural life sentence (A.R.S. 13-1423)

NO

Sexual Abuse

Class 5 felony; Class 3 felony if victim under 15

1.5 years; (13-604 for repeat offender sentencing)

NO

Sexual Assault of spouse

Class 6 felony for first offense; subsequent offense is Class 2 felony

Class 1 misdemeanor w/ mandatory counseling for first offense based on judicial discretion; subsequent offense: 5 years (13-70)

NO

Sexual conduct w/ a minor

Class 2 felony if victim under 15 or offender is guardian; Class 6 felony if victim 15+

If victim under 12, life in prison w/o probation until 35 years served

NO

Arkansas

{Ark. Stat. Ann. § 5-14-101 (2002)}

*See A.C.A. 5-3-203 (2002) for attempted

crimes being prosecuted:

Class A if Class Y attempted; Class B if Class A attempted, Class C if Class B attempted; Class D if Class C attempted; Class A

Rape

Class Y felony

Life or 10-40 years; possible fine and restitution

NO NO

Sexual Assault—1st degree

Class A felony

6-30 years; up to $15,000 fine

Sexual

Assault—2nd

degree

Class B felony

5-20 years; up to $15,000 fine

NO

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misdemeanor if Class D felony attempted; Class B misdemeanor if Class A misdemeanor

attempted

Sexual

Assault—3rd

degree

Class C felony

3-10 years; up to $10,000 fine

NO

Sexual

Assault—4th

degree

Class A misdemeanor

Not more than 1 year; up to $1,000 fine

NO

Indecent Exposure

Class A misdemeanor; subsequent offense where victim is 11-15 years old is Class D felony unless actor is under 18

NO

California

{Cal. Penal Code § 261 (2003)}

* See CA Penal Code 264 for AIDS education fine information

* See CA Penal Code 264.1 for punishment for aiding or abetting a rape, a spousal rape, or a penetration by a foreign object is 5, 7, or 9 years

* See Cal Pen Code § 667.61 for "specified sex offenses subject to punishment by incarceration for life."

"Consent - positive cooperation in act or attitude, act and free will

Rape

Felony

Rape punishable by state prison sentence of 3, 6, or 8 years (CA Penal Code 264)

Unlawful Sexual Intercourse w/ a minor

Misdemeanor or felony if actor is three+ years older than victim

Misdemeanor or felony if agent is over 21 and victim is under 16

State prison or county jail for 1 year; fine

State prison for 2-4 years or county jail for up to 1 year; fine

NO NO

Assault w/ intent to commit specified sex offenses

State prison for 2, 4, or 6, year

NO

Oral copulation

Not more than 1 year if victim under 18 (288a)

YES

Penetration by foreign object

Felony if victim under 16 and offender is 21+

3, 6, or 8 years, or if victim and offender are under 18, not more than 1 year

YES

Aggravated Sexual Assault of a child

Felony

15 years to life

NO

Spousal Rape

See CA Penal Code 262(e)

YES

Sodomy

Felony if committed by force (See Cal Pen Code § 286 )

3, 6, or 8 years if committed by force

See Cal Pen Code § 286 for other factors in sentencing such as age of victim/offender

YES

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Colorado {Colo. Rev. Stat. § 18-3-401 (2002)}

*See C.R.S. 18-1.3-801 for habitual offenders

*See C.R.S. 18-1.3-406 for violent offenders Consent = cooperation in act or attitude

Sexual Assault

Class 1 misdemeanor if victim is 15-17 and actor is not spouse & 10+ years older

Class 2 felony if aided or abetted by 1+ persons; deadly weapon used; seriously bodily injury caused

Class 3 felony if victim is physically helpless and has not consented; actor used violence, actor threatened violence, death, injury, pain, or kidnapping and victim believed threats could be carried out; actor threatened retaliation; actor impaired victim's mental capacity w/o consent

Class 4 felony

6-18 month sentence; $500-5,000 fine

8-20 years; 5 years mandatory parole; $5,000-one million dollar fine

4-16 years; 5 years mandatory parole: $3,000-$750,000 fine

2-8 years; 3 years mandatory parole; $2,000-$500,000 fine

NO

Unlawful sexual contact

Class 1 misdemeanor; if force, intimidation, or threat used, then Class 4 felony

6-18 month sentence; $500-5,000 fine

YES

Sexual Assault on a

child

Class 4 felony; Class 3 felony if force or believable threat used or pattern of abuse exists

2-8 years; 3 years mandatory parole; $2,000-$500,000 fine

NO

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Sexual Assault on a child; in position of trust

Class 3 felony if victim under 15 or pattern of abuse exists; Class 4 if victim 15-18 and no pattern exists

4-16 years; 5 years mandatory parole: $3,000-$750,000 fine

NO

Connecticut

{Conn. Gen. Stat. Ann. § 53a-65 (West

2000)}

* See Conn. Gen. Stat. § 53a-40d; Conn. Gen. Stat. § 53a-40 for persistent offenders

Sexual Assault—1st degree

Class B felony

1-20 years; up to $20,000 fine; two years of sentence is mandatory; if victim under age 10, 10 years of sentence mandatory

NO

Sexual

Assault—2nd

degree

Class C felony

1-10 years; up to $10,000 fine; 9 months of sentence is mandatory

NO

Sexual

Assault—3rd

degree

Class D felony

1-5 years; up to $5,000 fine

NO

Sexual

Assault—3rd

degree with a firearm

Class C felony

1-10 years; up to $10,000 fine; two years of sentence are mandatory followed by "period of special parole" which constitutes a total of 10 years

NO

Sexual

Assault—4th

degree

Class A misdemeanor; or Class D felony

Not more than 1 year or 1-5 years for class D felony

NO

Aggravated Sexual Assault 1st degree

Class B felony

1-20 years; up to $15,000 fine; five years of sentence is mandatory, followed by "period of special parole" which together constitutes period of 20 years

NO

Sexual Assault in spousal or cohabitating relationship

Class B felony

1-20 years if gun used (Conn. Gen. Stat. § 53a-35a)

NO

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Delaware {Del. Code Ann. tit. 11, § 761 (2002)}

Without consent no force required. Only need to resist to extent necessary to make refusal known

*See 11 Del. C. § 4214 for life imprisonment sentencing of habitual offenders

Rape—1st degree

Class A felony

Life in prison w/o probation or parole if: victim under 16 and is seriously injured; "serious or prolonged disfigurement;" convicted of rape against 3 separate victims; or previously convicted of some sex offenses (11 Del. Code 773)

YES

Rape—2nd degree

Class B felony

10 years minimum sentence

YES

Rape—3rd degree

Class B felony

2-20 years

YES

Rape—4th degree

Class C felony

Up to 10 years

YES

Unlawful Sexual

Contact—1st

degree

Class F felony

Up to 3 years

NO

Unlawful Sexual

Contact—2nd

degree

Class G felony

Up to 2 years

NO

Unlawful Sexual

Contact—3rd degree

Class A misdemeanor

Up to one year; up to $2,300 fine

YES

District of Columbia

{D.C. Code Ann. § 22-3001 (2002)}

* For aggravating circumstances in sentencing, see D.C. Code 22-3020.

Consent - words or overt actions indicating freely given agreement

Sexual Abuse—1st degree

Class A felony

Any term of years up to life; fine of up to $250,000

NO

Sexual Abuse—2nd

degree

Felony

Up to 20 years in prison; fine of up to $200,000

NO

Sexual Abuse—3rd

degree

Felony

Up to 10 years in prison; fine of up to $100,000

NO

Sexual Abuse—4th

degree

Felony

Up to 5 years in prison; fine of up to $50,000

NO

Misdemeanor Sexual Abuse

Misdemeanor

Up to 180 days; fine of up to $1,000

YES

Child Sexual

Abuse—1st degree

Class A felony

Any term of years or life

NO

Child Sexual

Abuse—2nd degree

Up to 10 years in prison; fine of up to $100,000

NO

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Assault w/ intent

2-15 years

to...commit 1st or

2nd degree Sexual

Abuse or Child

Sexual Abuse

NO

Attempt to commit

Up to 15 years; not more than half the maximum

Sex Offenses

sentence for offense

NO

Florida {Fla.

Sexual Battery

Capital felony if person over

Death

Stat. § 794.011 (2002)}

18 sexually batters person under 12

NO

* For reclassification of offenses

Life Felony if under 18

Sentence not to exceed life

committed by multiple perpetrators, see

offender batters victim under

Fla Stat. 794.023.

12

NO

* For mandatory minimum sentences for

Life felony if batterer uses

Sentence not to exceed life

certain reoffenders, see Fla Stat. 775.082.

deadly weapon on person over 12

YES

* For felony reclassification for possession or use of a weapon, see Fla. Stat. 775.087.

1st degree felony when victim is helpless to resist; threat of violence reasonably believed; mental incapacitation w/o consent; victim is mentally defective or physically incapacitated; or offender is officer of law

Up to 30 years

YES

* For enhanced prison terms for habitual felony offenders, see Fla. Stat. 775.084.

2nd degree felony: victim is over 12 and force unlikely to

cause serious injury; 1st degree felony for multiple perpetrators

Up to 15 years

YES

3rd degree felony when

Up to 5 years

persons of authority (familial

or custodial) solicit act

NO

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Georgia

{Ga Code Ann. § 16-6-1 (2002)}

* See O.C.G.A. § 17-10-6.1 for serious violent offenders

* See O.C.G.A. § 17-10-7 for repeat offenders

Rape

Death, life in prison w/ or w/o parole, or 10-20 years in prison; (17-10-6.1, 17-10-7)

NO

Statutory Rape

Misdemeanor if victim is 14­15, offender is no more than three years older than victim

1-20 years in prison; if offender is 21+, then 10-20 years in prison

NO

Sexual battery

Misdemeanor of high and aggravated nature

Up to 12 months; $5,000 fine

NO

Aggravated sexual battery

Felony

10-20 years in prison

NO

Sodomy

Felony

1-20 years; 10-30 if aggravated

NO

Hawaii {Haw. Rev. Stat. § 707-700 (2002)}

Compulsion language that states lack of consent, but doesn't define consent

* See HRS § 706-662, HRS § 706-661 for sentence extensions

* See HRS § 706-660.1 for felonies committed w/ a firearm

* See HRS § 706-606.5 for repeat offender sentencing

Sexual assault—1st d e gr e e

Class A felony

Up to 20 years

NO

Sexual assault—2nd degree

Class B felony

Up to 10 years

NO

Sexual assault—3rd degree

Class C felony

Up to 5 years

NO

Sexual assault—4th

degree

Misdemeanor

Up to 1 year

NO

Idaho {Idaho Code § 18-6101 (2002)}

Resistance language, but unclear if physical, verbal, or both

Rape

Felony

1 year to life based on judicial discretion

NO

Lewd conduct w/ a minor child under

16

Felony

Up to life in prison

NO

Sexual Battery of a minor child 16-17

Felony

Up to 15 years; if act is lewd, up to life

NO

Male Rape

Felony

1 year to life

NO

Illinois {Ill. Crim. Code 720 ILCS 5/12-13 (2002)}

Criminal Sexual Assault

Class 1 felony

4-15 years subsequent offense: Class X felony of 30-60 years in prison; subsequent offense after aggravated sexual assault is Class X felony of life in prison

NO

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Aggravated Criminal Sexual Assault

Class X felony

6-30 years; presence of gun adds ten years to sentence; firing of gun adds 25. Subsequent offense gets life

NO

Criminal Sexual Abuse

Class A misdemeanor Class 4 felony if force/threat of force used or abuser knew victim could not give consent

Subsequent offense is Class 2 felony

Less than one year 1-3 years

3-7 years

NO

Aggravated Criminal Sexual Abuse

Class 2 felony

3-7 years

NO

Indiana

{Ind. Code Ann. § 35-42-4-1 (2002)}

* See § 35-50-2-14 and § 35-50-2-8 for repeat and violent offenders

Rape

Class A felony if committed by using or threatening deadly force; committed while armed with deadly weapon; results in serious bodily injury; or victim is incapacitated w/o consent

Class B felony if threat of force used; victim is unaware that intercourse is occurring; or victim is mentally disabled or deficient

30 year sentence; up to $10,000 fine 10 year sentence; up to $10,000 fine

NO

Criminal Deviate Conduct

Class A or B felony; see requirements for Rape class distinctions

NO

Sexual Battery

Class D felony if compelled to submit by force or imminent threat of force; or mental disability of victim

1.5 year sentence; up to $10,000 fine

NO

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Class C felony if committed by use or threat of deadly force or w/ deadly weapon; or victim is incapacitated without consent

4 year sentence; up to $10,000 fine

Vicarious Sexual Gratification

Class C felony if committed by use or threat of deadly force or w/ deadly weapon; or victim is incapacitated without consent

Class A if serious bodily injury results

Class B if deadly force or threat used

Class C if victim under 14 Class D felony

4 year sentence; up to $10,000 fine

Class A: 30 year sentence Class B: 10 year sentence

Class C: 4 year sentence Class D: 1.5 year sentence

NO

Iowa {Iowa Code § 702.17 (2002)}

* See Iowa Code § 902.8 for habitual offenders

* See Iowa Code § 902.12 for mandatory sentencing guidelines

* See Iowa Code § 901A.2 for enhanced sentencing factors

"Against the will" language"

Sexual Abuse—1st degree

Class A felony

Life in prison

NO

Sexual Abuse—2nd

degree

Class B felony

Up to 25 years

NO

Sexual Abuse—3rd

degree

Class C felony

Up to 10 years

NO

Sexual exploit. of minor

Abuse of a corpse

Class C felony Class D felony

Up to 10 years Up to 5 years

NO

Sexual exploit. by counselor/therapist

Class D felony if pattern of conduct exists Agg. Misd. if limited physical contact (709.15 )

Up to 5 years Up to 1 year

NO

Sexual misconduct with offenders/ juveniles

Aggravated Misdemeanor

Up to 1 year

NO

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Assault w/ intent-Sexual Abuse

Class C felony if "serious injury" is caused Class D felony if "bodily injury" results Aggravated misdemeanor if no injury results

Up to 10 years Up to 5 years

NO

Kansas

{Kan. Stat. Ann. § 21-3501 (2001)}

Rape

Severity Level 1, "person felony" if victim overcome by force or fear, or is unconscious or physically powerless, or is incapable of consenting b/c of mental deficiency, incapacitation was known to offender, or victim was under 14

Severity Level 2 "person felony" if consent obtained through knowing misrepresentation of necessity (medical, therapeutical, or legal)

NO

Criminal Sodomy

Class B nonperson misdemeanor if w/ same sex persons over 16 or with an animal

Severity Level 3 person felony if victim is child between 14-16

Up to 6 months

NO

Aggravated Criminal Sodomy

Severity 2, person felony

NO

Sexual Battery

Class A person misdemeanor

Up to one year

NO

Aggravated Sexual Battery

Severity 5, person felony

NO

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Oral Sexual Battery

Up to 10 years in prison (w/ or w/o hard labor) w/o probation/parole/ suspension

NO

Maine

{Me. Rev. Stat. Ann. Tit. 17-A, § 251

Gross Sexual Assault

Class A, B or C (See 17-A M.R.S. § 253 )

FOR ALL CRIMES, CLASS A THROUGH E, SENTENCES ARE

NO

* See Section 4 of 17-A M.R.S. § 253 for

factors involved in the commission of certain sexual offenses for which defendants may be sentenced to any term of years

* See Section 4 of 17-A M.R.S. § 253for factors involved in the commission of certain sexual offenses for which defendants may be sentenced to any term of years

* See 17-A M.R.S. § 257 for factors aiding in predicting high-risk sex offenders for sentencing purposes

* See 17-A M.R.S. § 1231 for supervised period of release information

Sexual Abuse of minors

Class B if penetration involved

AS FOLLOWS:

A: up to 40years; B: up to 10years; C: up to 5years; D: up to 1 year; E: up to 6 months. 17-AM.R.S. 1252 (2003)

NO

Class C if penetration involved; incestual; or actor is 10 years older than victim or responsible for welfare of victim

Class D crime if victim is 14­15 and actor is five years older; or if under 18 and actor is school employee

Unlawful sexual contact

Class E crime if 16-17 year old victim assaulted by 21+ school employee. Class D crime if contact is incestual or actor is 10 years older

YES

Class E crime if 16-17 year old victim assaulted by 21+ school employee. Class D crime if contact is incestual or actor is 10 years older

NO

Class D crime if consent has not been expressly or impliedly acquiesced in sexual contact; Class C if this involves penetration

NO

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Class D if victim is unconscious or physically incapable of resisting and did not consent to sexual acts; Class C if penetration

NO

Class C if victim is younger than 14 and actor is 3 years older; Class B if penetration

NO

Class D if victim has mental disability known to actor; Class C if penetration

NO

Class D if victim is in custody of law enforcement at time. Class C if penetration

NO

Class C crime if victim submits as result of compulsion; Class B if sexual act includes penetration

NO

Sexual Misconduct w/ child under 14

Class D crime

NO

Maryland {Md. Crim. Law Code Ann. § 3-301 (2002)}

* If defendant found guilty of 2nd degree

rape, 2nd degree sexual offense, 3rd degree sexual offense, 2nd degree attempted rape, or 2nd degree attempted sexual offense after

Rape—1st degree

Felony

Sentence not to exceed life; if victim is under 16 or defendant has prior offenses, then sentence not to exceed life w/o parole

NO

Rape—2nd degree

Felony

20 years maximum sentence

NO

Sexual Offense—1st degree

Felony

Sentence not to exceed life; if victim under 16 or prior offenses, life/ w/o parole

NO

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being found guilty on a separate occasion

Sexual

Felony

20 years maximum sentence

of 1st degree rape, 2nd degree rape, 1st

Offense—2nd

degree sexual offense, or 2nd degree sexual

degree

offense, then defendant is sentenced to

imprisonment

NO

not exceeding life

Sexual

Offense—3rd

degree

Felony

10 years maximum sentence

NO

Sexual

Misdemeanor

1 year prison sentence, fine up to $1,000, or both

Offense—4th

degree

NO

Attempted

Felony

Sentence not to exceed life

rape—1st degree

NO

Attempted

Felony

20 years maximum sentence

rape—2nddegree

NO

Attempted Sexual offense

Felony

1st degree: up to life; 2nd degree: maximum 20 yrs

NO

(1st and 2nd

degrees)

Massachusetts

Rape

State prison sentence of life or any term of years if

{Mass. Ann. Laws ch. 265, § 22 (2003)}

committed by force or threat and results in serious

Any resistance is enough

injury, is committed by a joint enterprise, or occurs during commission of another crime

State prison sentence no to exceed 20 years when committed by force or threat (lesser included offense); second offense punishable w/ life/any term

If committed with firearm, 10 year minimum sentence; second offense: 15 years-life

YES

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Rape of child under

Up to life in prison when force or threat used; 5 years-

16

life if offender is over 18 and commits subsequent offense; 10 years-life if committed w/ firearm, subsequent offense w/ firearm when over 18 sentenced to 20 years-life

YES

Assault w/ intent

State prison for not more than 20 years or jail

to rape

time/corrections house for not more than 2.5 years; second offense punished by state prison sentence of up to life; if committed w/ firearm, 5 year minimum state prison sentence; second offense w/ firearm: 20 years to

life

NO

Michigan

Criminal sexual

Felony

Up to life in state prison

{Mich. Comp. Laws § 750.520a (2002)}

conduct— 1st degree

NO

*If convicted of subsequent 1st, 2nd, or 3rd

Criminal sexual

Felony

Sentence not to exceed 15 years

degree criminal sexual conduct, mandatory

conduct—2nd

minimum sentence of 5 years

degree

NO

Criminal sexual

Felony

Sentence not to exceed 15 years

conduct— 3rd

degree

NO

Criminal sexual

Misdemeanor

Maximum of 2 years in prison, maximum fine of $500, or

conduct— 4th

both

degree

NO

Assault to commit conduct involving penetration

Felony

1st degree: sentence not to exceed 10 years; 2nd degree: up to 5 years

NO

Minnesota

Criminal Sexual

Sentence of 144 months to 30 years, or fine up to

{Minn. Stat. § 609.341 (2002)}

Conduct—1st

degree

$40,000, or both

NO

* See Minn. Stat. 609-342 (2002) for

Criminal Sexual

Sentence of 90 months to 25 years, or fine up to

criminal sexual conduct in the 1st-4th

Contact—2nd

$35,000, or both

degrees, the court may stay the imposition

degree

or

NO

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execution of a sentence if such action is in the "best interest of the complainant or the family unit; and a professional assessment indicates that the offender has been accepted to and can respond to a treatment program."

Consent - words or overt actions

Criminal Sexual Contact— 3rd degree

Sentence of not more than 15 years or fine up to $30,000, or both

NO

Criminal Sexual

Contact— 4th

degree

Sentence of not more than 10 years or fine up to $20,000 or both

NO

Criminal Sexual

Contact— 5th

degree

Sentence of not more than 1 year, fine up to $3,000, or both; subsequent offense sentencing: five year maximum sentence, or up to $10,000 fine, or both

NO

Mississippi

{Miss. Code Ann. § 97-3-71 (2002)}

Only get life if victim was "chaste" prior to rape! 97-3-71

Rape; Assault w/ i ntent t o r av ish

Up to life sentence

NO

Sexual Battery

Up to 30 years in when committed w/o consent, victim is mentally defective/ incapacitated or physically helpless, or victim is under 18 w/ actor as authority; subsequent offense is up to 40 years

NO

If victim is 14-16, and actor is 18-21, sentence of not more than 5 years, fine up to $5,000, or both; if actor is 21+, sentence not more than 30 years, fined up to $10,000, or both; up to 40 years for subsequent offense

If victim is under 14 and actor is 18+, then sentence of 20 years-life; if actor is 13-18, court determines sentence

Statutory Rape

5-30 years based on age of defendant (Miss. Code Ann. § 97-3-65)

NO

Missouri

{Mo. Rev. Stat. § 566.010 (2002)}

* See § 558.018R.S. Mo. for repeat offender sentencing guidelines

Forcible Rape and Attempted Forcible Rape

Felony

5 years-life; if serious physical injury results or a deadly weapon is used or multiple persons take part, then 10 years-life

NO

Statutory Rape—1st degree

Felony

5 years-life; if injury, weapon used, multiple actors, or victim younger than 12, 10 years to life

NO

Statutory Rape—2nd degree

Class C felony

Up to 7 years

NO

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Sexual Assault

Class C felony

Up to 7 years

"without consent"

Forcible Sodomy

Felony

5 years-life; if injury, weapon, or multiple actors are involved, 10 years-life

NO

Statutory

Sodomy—1st

degree

Felony

5 years-life; if injury, weapon, multiple actors, or victim under 12 are involved, then 10 years-life

NO

Statutory

Sodomy—2nd

degree

Class C felony

Up to 7 years

NO

Deviate Sexual Assault

Class C felony

Up to 7 years

"without consent"

Sexual

Misconduct— 1st degree

Class A misdemeanor

Class D felony if subsequent offense or committed w/ deadly weapon or as ritual

Up to 1 year Up to 5 years

NO

Sexual

Misconduct—

2nd degree

Class B misdemeanor

Up to 6 months

NO

Sexual Abuse

Class C felony Class B felony if injury, weapon, multiple actors, or victim under 12

Up to 7 years 5-15 years

NO

Montana

{Mont. Code Ann. § 45-2-101 (2002)}

* In addition to penalties imposed for sexual intercourse w/o consent, the offender, if able, is required to pay victim's "reasonable medical and counseling costs" that result from victimization

Sexual Assault

County jail sentence not to exceed 6 months, fine up to $500, or both

If victim is less than 16 and actor is 3+ years older or bodily injury results, then 2-100 years and fine of up to

$50,000

"without consent"

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* See Mont. Code 45-5-512 for offenders

Sexual intercourse

2-100 years and fine of up to $50,000; if victim is under

who may be required to undergo

w/o consent

16 and actor is 3+ yrs older or bodily injury results, then

"medically safe medroxyprogesterone

sentence is 4-100 years and fine of up to $50,000*

acetate treatment" to reduce sexual

"without

fantasies, drive, etc.

consent"

* See 46-18-303, 46-18-501, 46-18-502

When multiple perpetrators involved, sentence is 5-100

for multiple convictions of sexual assault

years and fine up to $50,000*

listed as an aggravating circumstance for

death penalty considerations

For subsequent offenses where serious bodily injury results, sentence is death if actor was 18+ at time of offense or as provided by 46-18-219 If victim was incarcerated at time of offense, offender is sentenced to no more than 5 years, or fined up to $50,000, or both

Nebraska

Deviate Sexual

State prison for up to 10 years, up to $50,000 fine, or

{Neb. Rev. Stat. § 28-318 (2002)

Conduct

both

* See R.R.S. Neb. § 29-2221 for habitual

Sexual Assault—1st

Class 2 Felony

3-50 years based on personal injury; 3 year mandatory

offenders

degree

minimum; second offense: minimum sentence of 25

Without consent: Victim expressed a lack

years w/o parole

of consent through words

YES

Sexual

Class 3 Felony

1-20 years; $25,000 fine

Assault—2nd

degree

YES

Sexual

Class 1 Misdemeanor

Up to one year; $1,000 fine

Assault—3rd

degree

YES

Sexual Assault of a

Class 3A felony for first

1-5 years; $10,000 fine

child

offense

Class 1C felony for subsequent offenses

20-50 years

NO

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Nevada {Nev. Rev. Stat. Ann. § 200.364 (Michie 2002)}

Sexual Assault

Category A felony

If substantial bodily injury results: life w/o parole, life w/ chance for parole after 15 years, or term of 40 years w/ chance for parole after 15 years. If no substantial bodily injury results: life w/ chance for parole after 10 years, or term of 25 years w/ parole chance after 10 yrs

If victim is under 16 serious bodily injury results: sentence is life w/o parole. If no serious bodily injury results, sentence is life w/ chance for parole after serving 20 years, or a term of 20 years w/ chance for parole after 5 years

If victim is under 14 an d no serious bodily harm results, sentence is life w/ chance for parole after 20 years

"Against the will" language

Statutory Sexual Seduction

Category C felony is actor is

21

Gross Misdemeanor if under 21

Punished according to NRS 193.130, or NRS 201.540 when gives harsher penalty

New Hampshire

{N.H. Rev. Stat. Ann. § 632-A:1 (2002)}

Aggravated Felonious Sexual Assault

Felony

First time offense: 10-20 years

Second offense: 20-40 years

Two or more convictions: life w/o parole

May be sentenced to lifetime supervision to be lifted

only on petition

YES

Felonious Sexual Assault

Class B felony

Up to 7 years

NO

Sexual Assault

Misdemeanor

Up to 1 year

New Jersey

{N.J. Rev. Stat. § 2C:14-1 (2002)}

* See N.J. Stat 2C: 14-7 unless sentenced according to 2C: 43-7, subsequent offenses

receive fixed minimum sentences of not less

than 5 years w/o parole

Sexual Assault

Crime of 1st degree: aggravated

Crime of 2nd degree: no sustained injury

10-20 years 5-10 years

NO

Criminal Sexual Contact

Crime of 3rd degree: aggravated

Crime of 4th degree: no sustained injury

3-5 years

Up to 18 months

NO

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New Mexico {N.M

Criminal Sexual

1st degree felony

18 years

Stat. Ann. § 30-9-10 (2002)}

Penetration—1st degree

NO

* See N.M. Stat 31-18-25 for cases where

Criminal Sexual

2nd degree felony

9 years

defendants have committed two violent

Penetration—2nd

sexual crimes (the second in New Mexico),

degree

NO

the defendant is sentenced to life in prison

Criminal Sexual

3rd degree felony

3 years

w/ parole (but w/o parole if victim under

Penetration—3rd

13), in addition to sentence imposed for a

degree

second violent sexual crime

NO

Criminal Sexual

4th degree felony

18 months

Penetration—4th

degree

NO

Criminal Sexual Contact of a

3rd degree felony

3 years

Minor—3rd degree

NO

Criminal Sexual

4th degree felony

Up to 18 months

contact of a

Minor—4th degree

NO

Aggravated

4th degree felony

Up to 18 months and professional counseling at

Indecent Exposure

defendant's expense

NO

New York

Rape—1st degree

Class B felony

5-25 years

{N.Y. Penal Law § 130.00 (McKinney

2002)}

NO

* See NY CLS Penal § 70.02 for rape in

Rape—2nd degree

Class D felony

Up to 7 years

the

NO

1st degree and course of conduct against a

Rape—3rd degree

Class E felony

Up to 4 years

YES

child being sentenced separately

Sexual Abuse—1st degree

Class D felony

Up to 7 years

NO

* See NY CLS Penal § 70.06 for second

Sexual Abuse—2nd

Class A misdemeanor

Up to 1 year

and persistent offenders

degree

NO

* NY CLS Penal § 70.10

Sexual Abuse—3rd

degree

Class B misdemeanor

Up to 3 months

NO

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Aggravated Sexual Abuse—3rd degree

Class D felony

Up to 7 years

NO

Sexual Misconduct

Class A misdemeanor

Up to 1 year

YES

Course of sexual conduct against a child

1st degree: Class B felony 2nd degree: Class D felony

5-25 years 2-7 years

NO

North Carolina {N.C. Gen. Stat. § 14-27.1 (2002)}

*Case law - against the will = without consent State v. Thomas 329 N.C. 423

Rape—1st degree

Class B1 felony

All felonies are sentenced based on mitigating circumstances, prior record of the defendant, and class of felony (N.C. Gen. Stat. § 15A-1340.17 (2003))

For B1 felonies, defendant is give life w/o parole if victim under 12 or if defendant has prior B1 conviction (N.C. Gen. Stat. § 15A-1340.16B )

"Against the will" language

Rape—2nd degree

Class C felony

Sexual Offense—1st degree

Class B1 felony

Sexual

Offense—2nd

degree

Class C felony

Statutory

rape/sexual offense of 13-15 year old

Class B1 felony if actor is 6 years older than victim

Class C felony if actor is 4-6 years older than victim

NO

North Dakota

{N.D. Cent. Code § 12.1-20-02 (2002)}

* See N.D. Cent. Code, § 12.1-32-09 for habitual offenders

Gross sexual imposition

Class A felony if actor inflicts serious bodily injury; otherwise Class B felony

For all felonies, sentences are as follows:

Class A: up to 20 years; $10,000 fine

Class B: up to 10 years; $10,000 fine

Class C: up to 5 years: $5,000 fine

Class A misdemeanor:1 year; $2,000fine

Class B misdemeanor:30 days; $1,000fine (N.D. Cent.

Code, 12.1-32-01)

NO

Sexual imposition

Class B felony if actor if uses threats to compel victim or acts as part of a ritual

NO

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Corruption or solicitation of minors

Class A misdemeanor if victim is over 15; Class C felony if under 15

NO

Sexual Assault

Class C felony if actor knew or should have known of mental defect, or if actor substantially impaired victim w/ controlled substance, or if victim was in custody, or if the actor is responsible for the welfare of victim, or if the actor is 22 and the victim is 15-18

Class A misdemeanor if actor is 18-22 and victim is minor over 15

Class B misdemeanor if actor knows or should know conduct is offensive

NO

Ohio

{Ohio Rev. Code Ann. § 2907.01 (Anderson 2002)}

Rape

1st degree felony

If victim compelled through force, threat, or controlled substance, not less than 5 years

If victim under 10, life in prison; subsequent offenses: life w/ or w/o parole

NO, but victim need not prove physical resist to prosecute

Sexual Battery

3rd degree felony

1-5 years

NO

Unlawful sexual conduct with a minor

Misdemeanor if actor is under 4 years older

2nd degree felony if previous convictions

3rd degree felony if actor is 10+ years older

Not more than 6 months 2-8 years

1-5 years

NO

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4th degree felony; exceptions: 1st degree

6-18 months

Gross Sexual Imposition

3rd degree felony if controlled substances substantially impair judgment or victim is under

13

4th degree felony

3rd degree 1-5 years 4th degree 6-18 months

NO, but victim need not prove physical resist to prosecute

Sexual Imposition

1st degree misdemeanor for subsequent offenses

3rd degree misdemeanor

Up to 6 months for 1st degree Up to 60 days for 3rd degree

NO

Oklahoma {Okla Stat. tit. 21, § 1111 (2003)}

*See Okla.. St. 51.1a (2003) for defendants

already convicted of 1st degree rape, forcible sodomy, lewd molestation or sexual abuse of a child who are again convicted of any of these listed crimes, are sentenced to life without parole

Rape—1st degree

Felony

Punishable by death or state prison sentence of not less than five years

NO

Rape—2nd degree

Felony

Sentence of 1-15 years

NO

Lewd or Indecent Proposals or Acts as to child under 16

Felony

Provided that actor is 3+ years older than victim, sentence of 1-20 years; subsequent convictions given life or life w/o parole

NO

Sexual Battery

Felony

Prison for not more than 5 years

YES, without consent

Oregon {Or. Rev. Stat. § 163.305 (2001)}

*Force needed for No Means No

Rape—1st degree

Class A felony

Up to 20 years; $300,000 fine

NO

Rape—2nd degree

C l a ss B felony

Up to 10 years; $200,000 fine

NO

Rape—3rd degree

Class C felony

Up to 5 years; $100,000 fine

NO

Unlawful sexual

penetration—1st degree

Class A felony

Up to 20 years; $300,000 fine

NO

Unlawful sexual

penetration—2nd degree

Class B felony

Up to 10 years; $200,000 fine

NO

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Sexual Abuse—1st

Class B felony

Up to 10 years; $200,000 fine

degree

NO

Sexual Abuse—2nd

Class C felony

Up to 5 years: $100,000 fine

"Victim does

degree

not consent thereto"

Sexual Abuse—3rd

Class A misdemeanor

Up to 1 year; $5,000 fine

"does not

degree

consent"

Contributing to

Class A misdemeanor

Up to 1 year; $5,000 fine

sexual delinquency

of a minor

NO

Sexual misconduct

Class C misdemeanor

30 days; $1,000 fine

NO

Pennsylvania {Pa.

Rape

1st degree felony

Up to 20 years; additional sentencing option of 10

Cons. Stat. § 3101 (2002)}

years and a fine up to $100,000 for administering controlled substances to victim w/o consent

NO

Statutory Sexual Assault

2nd degree felony

Up to 10 years

NO

* See 42 Pa. C.S. § 9714 (2002) for

Involuntary deviate

1st degree felony

Up to 20 years

second and subsequent offenders

sexual intercourse

NO

Sexual Assault

2nd degree felony

Up to 10 years

without consent

Aggravated indecent assault

2nd degree felony

Up to 10 years

without consent

Indecent assault

1st degree misdemeanor if victim is under 13

2nd degree misdemeanor

Up to 5 years Up to 2 years

without consent

Rhode Island

Sexual assault—1st

Sentence of 10 years-life for assault w/ intent to commit,

{R.I. Gen. Laws § 11037-1 (2002)}

degree

sentence of 3-20 years

NO

* See R.I. Gen. Laws 11-37-10 (2002) for

Sexual assault—2nd

Sentence of 3-15 years

persons convicted of subsequent offenses

degree

are

NO

given no less than the number of years

Sexual assault—3rd

Sentence no more than 5 years

involved in the minimum sentence for the

degree

NO

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most recent crime

Child molestation-

Sexual Assault—1st degree

Sentence of 20 years-life

NO

Child molestation-Sexual

Assault—2nd

degree

Sentence of 6-30 years

NO

South Carolina

{S.C. Code Ann. § 16-3-651(Law. Co-op,

2002)}

Criminal Sexual

Conduct—1st

degree

Felony

Maximum sentence of 30 years

NO

Criminal Sexual

Conduct—2nd

degree

Felony

Maximum sentence of 20 years

NO

Criminal Sexual

Conduct—3rd

degree

Felony

Maximum sentence of 10 years

NO

Criminal Sexual Conduct With Minors

Class A felony

Maximum sentence of 30 years

NO NO

Assault w/ intent to commit criminal sexual conduct

Class A felony

Punishable as though crime were completed

NO

Spousal Sexual Battery

Felony

Maximum sentence of 10 years

NO

South Dakota {S.D. Codified Laws Ann. § 22-22-30 (2002)}

* See S.D. Codified Laws § 22-7-7 (2002) for enhanced sentences for prior felony

convictions

Rape—1st degree

Class 1 felony: victim under 10

10 years for first offense; 20 for subsequent offenses

NO

Rape—2nd degree

Class 2 felony: force or coercion used

Physical/mental incapacity, or intoxication

25 years; $25,000 fine

NO

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Class 3 felony: if victim is

15 years; $15,000 fine

between 10-16 and actor is

3+ years older; if incest

occurs; if victim is 10-18 and

stepchild of actor

Sexual contact w/

Class 3 felony; Class 1

15 years; $15,000 fine

child under 16

misdemeanor if actor is less than 3 years older than victim

NO

Criminal Pedophilia

Class 1 felony

Minimum 25 years for 1st offense; life w/o parole for subsequent offenses

NO

Tennessee {Tenn.

Aggravated Rape

Class A felony

15-25 years

Code Ann. § 39-13-502 (2002)}

NO

* See Tenn. Code Ann. § 40-35-114 for

Rape

Class B felony

8-12 years

YES, without consent

Rape (of a child)/Sexual Battery, using a

Aggravated Sexual

Class B felony

8-12 years

substance to cause the victim mental/

Battery

NO

physical helplessness is factor in sentence

Sexual Battery

Class E felony

1-2 years

YES, without consent

*Defendants w/ more than one conviction

Statutory Rape

Class E felony

1-2 years

are required to serve entire sentence

NO

Rape of a child

Class A felony

15-25 years

NO

Texas {Tex.

Sexual Assault

2nd degree felony

2-20 years; $10,000 fine

Penal Code Ann. § 21.01(Vernon 2002)}

YES, without

consent

* See Tex. Penal Code § 12.42 for repeat

Aggravated Sexual

1st degree felony

5-99 years; $10,000 fine

YES, without

offenders

Assault

consent

Indecency with a

child

2nd degree felony if sexual

contact occurs; 3rd degree felony if intention is to arouse

2-2- years; $10,000 fine

NO

Utah

{Utah Code Ann. § 76-5-406 (2003)}

Rape

1st degree felony

5 years-life

YES

* See Utah Code 76-3-203.1 for offenses

Forcible Sexual

2nd degree felony

1-15 years

committed with two or more persons where

Abuse

YES

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penalties are enhanced: class B misdemeanors

become class A; class A misdemeanors become 3rd degree felonies; 3rd degree felonies become 2nd degree; 2nd degree

Object Rape

1st degree felony

5 years to life

YES

Unlawful Sexual Conduct w/ 16-17 year old

3rd degree felony

Up to 5 years

YES

felonies become 1st degree; 1st degree felonies enhanced to 9 years-life

Sexual Abuse of a minor

Class A misdemeanor

Up to 1 year

YES

* See Utah Code 76-3-407 for 3 years may be added to sentence for each prior conviction in addition to new sentence

* See Code 76-3-408 for 3rd conviction defendant sentenced to life w/o parole *See Utah Code Ann. § 76-3-203.5 for habitual violent offender guidelines

* See Utah Code 76.3.203 for increase in sentence for use of a dangerous weapon

*§ 76-5-406 - No Means No Statute that

Sexual Abuse of a

child

2nd degree felony

1-15 years

YES

Aggravated sexual abuse of a child

1st degree felony

Mandatory prison sentence of 5 years to life

YES

Rape of a child

1st degree felony

Mandatory prison sentence of 6, 10, or 15 years or life

YES

Object rape of a

child

1st degree felony

Mandatory prison sentence of 6, 10, or 15 years or life

YES

Lewdness

Class B misdemeanor

NO

applies to all categories

Sexual Battery

Class A misdemeanor

NO

Unlawful sexual activity with a minor

3rd degree felony; class B misdemeanor if actor is w/ in 4 years of victim's age

YES

Aggravated Sexual Assault

1st degree felony

Mandatory prison sentence of 6, 10, or 15 years or life

YES

Sodomy; forcible sodomy

Class B misdemeanor; 1st degree felony if committed by force

YES

Sodomy on a child

1st degree felony

not less than 6, 10, or 15 years or life

YES

Vermont {Vt. Stat. Ann. tit. 13, § 3251 (2002)}

Sexual Assault

Sentence of not more than 20 years or up to $10,000 fine, or both; if victim under 16 and responsible for victim's welfare, sentence is not more than 35 years or fine up to $25,000, or both

YES, without

consent

Aggravated Sexual Assault

Maximum sentence of life in prison, fine of up to $50,000, or both

YES, non-

consensual sexual acts

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Virginia {Va. Code Ann. § 18.2-67.10 (2002)}

See Va Code 18.2-67.5:3 ( 2002) for subsequent convictions for rape, forcible sodomy, object sexual penetration, or conspiracy to commit these acts result in life in prison

* See Va Code 18.2-67.5:2 for conviction for carnal knowledge of a child age 13-15,

aggravated sexual battery, or conspiracy

to

commit results in maximum sentence

* See Va. Code 18.2-67.5:1 for 3rd conviction of (attempted) sexual battery, defendant is guilty of class 6 felony

Rape

5 years-life (rape of spouse convictions may be suspended upon completion of counseling)

YES, "against will"

Marital Sexual Assault

1-20 years or jail time of no more than 12 months; or up to $1,000 fine; or both

YES, "against

will"

Aggravated Sexual Battery

Felony

1-20 years; fine up to $100,000; or both

YES, "against will"

Sexual Battery

Class 1 misdemeanor

1 year; $1,000 fine

YES, "against will"

Forcible Sodomy

Felony

5 years-life

Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery

Class 4 felony

Class 6 felony: attempted

aggravated sexual battery

Class 1 misdemeanor: attempted sexual battery

2-10 years; up to $2,500 fine

1- 5 years; up to $2,500 fine

2- 10 years; up to $2,500 fine

NO

Carnal knowledge of child between 13­15

Class 4 felony (Va. Code 18.2-63, exceptions)

under 13 = no consent (automatic)

Object sexual penetration

Felony

Sentence of 5 years-life; may be suspended upon completion of counseling

against will

Washington

{Wash. Rev. Code § 9A.44.010 (2002)}

Rape—1st degree

Class A felony

Felonies where a sentence is not

specifically stated within the statute are assumed to be punishable by up

to 10years in prison and up to a $20,000fine (Rev. Code Wash. (ARCW) §9.92.010 )

NO

Rape—2nd degree

Class A felony

NO

Rape—3rd degree

Class C felony

YES

Rape of a child—1st degree

Class A felony

NO

Rape of a child—2nd degree

Class A felony

NO

Rape of a child—3rd degree

Class C felony

NO

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Wyoming {Wyo. Stat. § 6-2-301 (2002)}

* See Wyo. Stat. 6-2-306 (2002) for a

person convicted of 2 of more 1st/2nd degree sexual assaults, sentenced to 5 years to life;

3rd degree assault up to 20 years; life w/o parole for 3 convictions

Sexual Assault—1st degree

Felony

5-50 years

YES, victim has not consented

Sexual

Assault—2nd

degree

Felony

Up to 20 years

NO

Sexual

Assault—3rd

degree

Felony

Up to 15 years

NO

Sexual Battery

Misdemeanor

Not more than 1 year; fine up to $1,000; or both

NO