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 |
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|
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 |
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|
Sodomy—1st degree |
Class A felony |
2-20 years; 10 year minimum if deadly weapon used |
NO |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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) |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
Child Sexual Abuse—2nd degree |
Up to 10 years in prison; fine of up to $100,000 |
NO |
|
Assault w/ intent |
2-15 years |
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|
to...commit 1st or |
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|
2nd degree Sexual |
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|
Abuse or Child |
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|
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 |
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|
Stat. § 794.011 (2002)} |
18 sexually batters person under 12 |
NO |
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|
* For reclassification of offenses |
Life Felony if under 18 |
Sentence not to exceed life |
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|
committed by multiple perpetrators, see |
offender batters victim under |
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|
Fla Stat. 794.023. |
12 |
NO |
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|
* 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 |
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|
* 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 |
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|
* 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 |
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|
3rd degree felony when |
Up to 5 years |
|||||
|
persons of authority (familial |
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|
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 |
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|
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 |
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|
Sexual battery |
Misdemeanor of high and aggravated nature |
Up to 12 months; $5,000 fine |
NO |
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|
Aggravated sexual battery |
Felony |
10-20 years in prison |
NO |
|||
|
Sodomy |
Felony |
1-20 years; 10-30 if aggravated |
NO |
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|
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 |
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|
Sexual assault—2nd degree |
Class B felony |
Up to 10 years |
NO |
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|
Sexual assault—3rd degree |
Class C felony |
Up to 5 years |
NO |
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|
Sexual assault—4th degree |
Misdemeanor |
Up to 1 year |
NO |
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|
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 |
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|
Lewd conduct w/ a minor child under 16 |
Felony |
Up to life in prison |
NO |
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|
Sexual Battery of a minor child 16-17 |
Felony |
Up to 15 years; if act is lewd, up to life |
NO |
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|
Male Rape |
Felony |
1 year to life |
NO |
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|
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 |
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|
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 |
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|
Aggravated Criminal Sexual Abuse |
Class 2 felony |
3-7 years |
NO |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
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 |
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|
* 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 |
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|
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 |
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|
(1st and 2nd |
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|
degrees) |
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|
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" |
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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" |
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Aggravated Sexual Battery |
Felony |
1-20 years; fine up to $100,000; or both |
YES, "against will" |
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Sexual Battery |
Class 1 misdemeanor |
1 year; $1,000 fine |
YES, "against will" |
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Forcible Sodomy |
Felony |
5 years-life |
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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 |
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Carnal knowledge of child between 1315 |
Class 4 felony (Va. Code 18.2-63, exceptions) |
under 13 = no consent (automatic) |
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Object sexual penetration |
Felony |
Sentence of 5 years-life; may be suspended upon completion of counseling |
against will |
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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 |
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Rape—2nd degree |
Class A felony |
NO |
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Rape—3rd degree |
Class C felony |
YES |
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Rape of a child—1st degree |
Class A felony |
NO |
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Rape of a child—2nd degree |
Class A felony |
NO |
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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 |
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Sexual Assault—2nd degree |
Felony |
Up to 20 years |
NO |
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Sexual Assault—3rd degree |
Felony |
Up to 15 years |
NO |
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Sexual Battery |
Misdemeanor |
Not more than 1 year; fine up to $1,000; or both |
NO |
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