BoyWiki:Etenne's Palaestra

	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

		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

	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

	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

		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

	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

		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

	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

		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

			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

		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

		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

			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

	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

		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

	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

		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"

	* 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

	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

	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

		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

		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

			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

		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

	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

			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

	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

	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

	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