User:Jean Po/sandbox: Difference between revisions
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===New York=== |
===New York=== |
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In [[New York (state)|New York]] the crime of rape and Criminal Sexual Act are divided in three degrees; moreover, the offense of "Sexual Misconduct" describe any sexual act done without the victim's consent.<ref>{{Cite web|url=https://www.rainn.org/laws-your-state-new-york|title=The Laws In Your State: New York|last=|first=|date=|website=RAINN|archive-url=|archive-date=|dead-url=|access-date=2017-07-19}}</ref> |
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!Offense |
!Offense |
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!Article |
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!Mandatory sentencing |
!Mandatory sentencing |
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|- |
|- |
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|Sexual Misconduct |
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|Second Degree Murder |
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|N.Y. Penal Law § 130.20 |
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|Minimum: 15 years to life, Maximum: 25 years to life |
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|1 year or less |
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|- |
|- |
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|Rape in the Third Degree |
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|First Degree Murder |
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|N.Y. Penal Law § 130.25 |
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|Minimum: 20 years to life, Maximum: Life without Parole |
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|Between 18 months and 4 years |
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|- |
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|Rape in the Second Degree |
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|N.Y. Penal Law § 130.30 |
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|Between 2 and 7 years |
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|- |
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|Rape in the First Degree |
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|N.Y. Penal Law § 130.35 |
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|Between 5 and 25 years |
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|- |
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|Criminal Sexual Act in the Third Degree |
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|N.Y. Penal Law § 130.40 |
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|Between 18 months and 4 years |
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|- |
|- |
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|Criminal Sexual Act in the Second Degree |
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|Aggravated Murder |
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|N.Y. Penal Law § 130.45 |
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|Life Imprisonment without Parole |
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|Between 2 and 7 years |
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|- |
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|Criminal Sexual Act in the First Degree |
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|N.Y. Penal Law § 130.50 |
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|Between 5 and 25 years |
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|- |
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|Aggravated Sexual Abuse in the Fourth Degree |
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|N.Y. Penal Law § 130.65-a |
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|Between 18 months and 4 years |
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|- |
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|Aggravated Sexual Abuse in the Third Degree |
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|N.Y. Penal Law § 130.66 |
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|Between 2 and 7 years |
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|- |
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|Aggravated Sexual Abuse in the Second Degree |
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|N.Y. Penal Law § 130.67 |
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|Between 3.5 and 15 years |
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|- |
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|Aggravated Sexual Abuse in the First Degree |
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|N.Y. Penal Law § 130.70 |
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|Between 5 and 15 years |
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===North Carolina=== |
===North Carolina=== |
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In [[North Carolina]], the offenses of Rape and Sexual Offense recover cases of forced penetration.<ref>{{Cite web|url=https://www.rainn.org/laws-your-state-north-carolina|title=The Laws In Your State: North Carolina|last=|first=|date=|website=RAINN|archive-url=|archive-date=|dead-url=|access-date=2017-07-19}}</ref> |
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The [[Constitution of North Carolina]] ranks rape among the crimes which can be punished by death, although [[Kennedy v. Louisiana|''Kennedy v. Louisiana'']] restricts the range of capital crimes to homicides and crimes against the State.<ref>Art. XI, § 2, Const. 1868</ref> |
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{| class="wikitable" |
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!Offense |
!Offense |
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!Article |
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!Mandatory sentencing |
!Mandatory sentencing |
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|- |
|- |
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|First Degree Forcible Rape |
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|Involuntary Manslaughter |
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|N.C. Gen. Stat. Ann. § 14-27.21 |
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|13 months to 16 months (depending on prior record level) |
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|LWOP, life with parole or a prison term of at least 12 years |
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|- |
|- |
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|Second Degree Forcible Rape |
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|Voluntary Manslaughter |
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|N.C. Gen. Stat. Ann. § 14-27.22 |
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|51 months to 64 Months (depending on prior record level) |
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|From 3 years and 8 months to 15 years and 2 months |
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|- |
|- |
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|Statutory Rape of a Child by an Adult |
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|Second Degree Murder (Inherently Dangerous Act or by unlawful distribution of certain illicit substances) |
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|N.C. Gen. Stat. Ann. § 14-27.23 |
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|94 months to 393 months (depending on prior record level) |
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|LWOP, life with parole or a prison term of at least 25 years |
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After serving his sentence, the convict shall be under lifelong [[satellite]]-based monitoring |
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|- |
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| |
|First Degree Statutory Rape |
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|N.C. Gen. Stat. Ann. § 14-27.24 |
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|144 months to Life without Parole (depending on prior record level) |
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|LWOP, life with parole or a prison term of at least 25 years |
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After serving his sentence, the convict shall be under lifelong satellite-based monitoring |
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|- |
|- |
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|Statutory Rape of a Person Who Is 15 Years of Age or Younger |
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|First Degree Murder |
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|N.C. Gen. Stat. Ann. § 14-27.25 |
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|Death or Life without Parole |
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|LWOP, life with parole or a prison term of at least 12 years |
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|- |
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|First Degree Forcible Sexual Offense |
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|N.C. Gen. Stat. Ann. § 14-27.26 |
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|LWOP, life with parole or a prison term of at least 12 years |
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|- |
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|Second Degree Forcible Sexual Offense |
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|N.C. Gen. Stat. Ann. § 14-27.27 |
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|From 3 years and 8 months to 15 years and 2 months |
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|- |
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|Statutory Sexual Offense of a Child by an Adult |
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|N.C. Gen. Stat. Ann. § 14-27.28 |
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|LWOP, life with parole or a prison term of at least 25 years |
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After serving his sentence, the convict shall be under lifelong satellite-based monitoring |
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|- |
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|First Degree Statutory Sexual Offense |
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|N.C. Gen. Stat. Ann. § 14-27.29 |
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|LWOP, life with parole or a prison term of at least 25 years |
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After serving his sentence, the convict shall be under lifelong satellite-based monitoring |
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|- |
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|Statutory Sexual Offense of a Person Who Is 15 Years of Age or Younger |
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|N.C. Gen. Stat. Ann. § 14-27.30 |
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|LWOP, life with parole or a prison term of at least 12 years |
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===North Dakota=== |
===North Dakota=== |
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In North Dakota, rape is defined as Gross Sexual Imposition, although several other crimes describe cases of statutory rape.<ref>{{Cite web|url=https://www.rainn.org/laws-your-state-north-dakota|title=The Laws In Your State: North Dakota|last=|first=|date=|website=RAINN|archive-url=|archive-date=|dead-url=|access-date=2017-07-19}}</ref> |
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{| class="wikitable" |
{| class="wikitable" |
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!Offense |
!Offense |
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!Article |
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!Mandatory sentencing |
!Mandatory sentencing |
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|- |
|- |
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|Gross Sexual Imposition when author at least 22 or when the victim suffered serious bodily injury |
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|Second Degree Murder |
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|N.D. Cent. Code Ann. § 12.1-20-03(3)(a) |
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|Maximum of 20 years |
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|LWOP, life or prison term at least 20 years followed with probation |
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|- |
|- |
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|Gross Sexual Imposition |
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|First Degree Murder |
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|N.D. Cent. Code Ann. § 12.1-20-03(3)(b) |
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|Life without Parole or 30 years to Life |
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|20 years or less |
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|- |
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|Gross Sexual Imposition causing death |
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|N.D. Cent. Code Ann. § 12.1-20-03(4) |
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|LWOP |
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|- |
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|Continuous Sexual Abuse of a Child when author above 22 |
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|N.D. Cent. Code Ann. § 12.1-20-03.1 |
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|LWOP or any lesser sentence |
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|- |
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|Continuous Sexual Abuse of a Child when author below 22 |
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|N.D. Cent. Code Ann. § 12.1-20-03.1 |
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|20 years or less |
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|- |
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|Sexual Imposition |
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|N.D. Cent. Code Ann. § 12.1-20-04 |
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|10 years or less |
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|- |
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|Corruption or Solicitation of Minors when victim above 15 |
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|N.D. Cent. Code Ann. § 12.1-20-05(1) |
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|1 year or less |
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|- |
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|Corruption or Solicitation of Minors |
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|N.D. Cent. Code Ann. § 12.1-20-05(2) |
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|5 years or less |
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|- |
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|Corruption or Solicitation of Minors when victim above 15 within 50 feet (15.24 meters) of a school |
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|N.D. Cent. Code Ann. § 12.1-20-05(3) |
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|5 years or less |
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|- |
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|Corruption or Solicitation of Minors within 50 feet (15.24 meters) of a school |
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|N.D. Cent. Code Ann. § 12.1-20-05(3) |
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|10 years or less |
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|- |
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|Sexual Abuse of Wards |
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|N.D. Cent. Code Ann. § 12.1-20-06 |
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|5 years or less |
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|} |
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===Ohio=== |
===Ohio=== |
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In Ohio, the offenses of Rape and Sexual Battery are relevant to this article.<ref>{{Cite web|url=https://www.rainn.org/laws-your-state-ohio|title=The Laws In Your State: Ohio|last=|first=|date=|website=RAINN|archive-url=|archive-date=|dead-url=|access-date=2017-07-19}}</ref> |
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Ohio differentiates between "Aggravated Murder" and "Murder." Aggravated Murder consists of purposely causing the death of another (or unlawful termination of a pregnancy) with prior calculation and design, or purposely causing the death of another under the age of 13, a law enforcement officer, or in the course of committing certain serious felony offenses. Murder consists of purposely causing the death of another, or causing the death of another as a proximate result of committing certain serious felony offenses. |
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{|class="wikitable" |
{|class="wikitable" |
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|- |
|- |
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!Offense |
!Offense |
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!Article |
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!Mandatory sentencing |
!Mandatory sentencing |
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|- |
|- |
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|Rape |
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|Involuntary Manslaughter |
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|Ohio Rev. Code Ann. § 2907.02 |
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|3 to 11 years (if underlying offense is a felony) 9 months to 3 years (if underlying offense is a misdemeanor) |
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|Between 3 and 11 years |
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|- |
|- |
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|Rape when victim drugged |
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|Voluntary Manslaughter |
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|Ohio Rev. Code Ann. § 2907.02(A)(1)(a) |
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|3 to 11 years |
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|Between 5 and 11 years |
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|- |
|- |
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|Rape of victim under 13 |
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|Second Degree Murder |
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|Ohio Rev. Code Ann. § 2907.02(A)(1)(b) |
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|15 years to life |
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|Life |
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|- |
|- |
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| |
|Rape of victim under 13 when offender under 16 |
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|Ohio Rev. Code Ann. § 2907.02(A)(1)(b) |
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|30 years to life and up to Life without Parole |
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|At least 25 years |
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|- |
|- |
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|Rape of victim under 13 when offender already convicted for the same act, when serious physical harm has been inflicted or when victim under 10 |
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|Aggravated Murder |
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|Ohio Rev. Code Ann. § 2907.02(A)(1)(b) |
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|Life without Parole, Life with Possibility of Parole after 20, 25, or 30 years |
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|LWOP |
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|- |
|- |
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|Sexual Battery |
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|Aggravated Murder (with capital specification for certain aggravating factors such as special victims, murder-for-hire, multiple victims, witness as victim, committed in the course of another serious felony offense) |
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|Ohio Rev. Code Ann. § 2907.03 |
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|Death, Life without Parole, Life with Possibility of Parole after 25 or 30 years |
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|Between 9 months to 5 years |
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|- |
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|Sexual Battery when victim under 13 |
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|Ohio Rev. Code Ann. § 2907.03 |
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|Between 2 and 8 years |
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===Oklahoma=== |
===Oklahoma=== |
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[[Oklahoma]] divides the offense of rape in two degrees and enacted a capital version of the [[Jessica's Law]].<ref>{{Cite web|url=https://www.rainn.org/laws-your-state-oklahoma|title=The Laws In Your State: Oklahoma|last=|first=|date=|website=RAINN|archive-url=|archive-date=|dead-url=|access-date=2017-07-19}}</ref> |
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{| class="wikitable" |
{| class="wikitable" |
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!Offense |
!Offense |
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!Article |
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!Mandatory sentencing |
!Mandatory sentencing |
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|- |
|- |
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|Rape in the First Degree |
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|Second Degree Murder |
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|Okla. Stat. Ann. tit. 21, §§ 1114, 1112 |
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|Life or not less than 10 years |
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|Death<ref name=":0" group="Note" />, LWOP, life with parole or term of at least 5 years |
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|- |
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|Rape in the First Degree with priors |
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|Okla. Stat. Ann. tit. 21, §§ 1114, 1112 |
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|LWOP |
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|- |
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|Rape in the First Degree on victim under 14 after having been previously convicted for sex offenses against children |
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|Okla. Stat. Ann. tit. 21, §§ 1114, 1112 |
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|Death<ref name=":0" group="Note" /> or life imprisonment |
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|- |
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|Okla. Stat. Ann. tit. 21, § 1114; 1112 |
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|Okla. Stat. Ann. tit. 21, §§ 1114; 1112 |
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|Between 1 and 15 years |
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|- |
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|Forcible Sodomy |
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|Okla. Stat. Ann. tit. 21, § 888 |
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|20 years or less |
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|- |
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|Forcible Sodomy with two priors of sex offenses |
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|Okla. Stat. Ann. tit. 21, § 888 |
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|LWOP or life with parole |
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|- |
|- |
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|Forcible Sodomy of victim under 14 after having been previously convicted for sex offenses against children |
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|First Degree Murder |
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|Okla. Stat. Ann. tit. 21, § 888 |
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|Death Penalty, Life without Parole, or Life with parole eligibility after 38 years |
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|Death<ref name=":0" group="Note" /> or life imprisonment |
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|} |
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Revision as of 22:18, 19 July 2017
Rape is federally defined as such[1]:Overview
Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
— Uniform Crime Report
Overview
The rape laws in the several United States jurisdictions are very different, making difficult to list the different punishments for rape afross the Union.
There is important factor to consider while informing about these laws:
- Coker v. Georgia and Kennedy v. Louisiana overturned much of the capital statutes in cases where the victim survived
- Per Lawrence v. Texas, sodomy statutes only apply to cases where the act isn't consensual
Federal
Civilian
Federal law applies in Federal (?) and interborder cases[2]:
Offense | Article | Mandatory sentencing |
---|---|---|
Sexual abuse | 18 U.S. Code § 2242 | Life without parole[Note 1] or any other term |
Aggravated sexual abuse by force or threat | 18 U.S. Code § 2241(a) | Life without parole or any other term |
Aggravated sexual abuse by other means | 18 U.S. Code § 2241(b) | Life without parole or any other term |
Aggravated sexual abuse with children | 18 U.S. Code § 2241(c) | Life imprisonmnt withut paole |
Military
Source:
Offense | Article | Mandatory sentencing |
---|---|---|
Rape | 10 U.S. Code § 920 - Art. 120(a) | "as a court-martial may direct"[Note 2] |
Forcible Sodomy | 10 U.S. Code § 925 - Art. 125(a) | Life without parole or any other term |
District of Columbia
In the District of Columbia, "sexual act" means "sexual intercourse"[3].
Offense | Article | Mandatory sentencing |
---|---|---|
First Degree Sexual Abuse | DC Code § 22–3002 | 20 years and below |
Second Degree Sexual Abuse | DC Code § 22–3003 | Life imprisonment or any other term |
First degree child sexual abuse | DC Code § 22–3008 | Life imprisonmnt withut paole |
First degree sexual abuse of a secondary education student | DC Code § 22–3009.03 | 10 years and below |
First degree sexual abuse of a ward, patient, client, or prisoner | DC Code § 22–3013 | 10 years and below |
First degree sexual abuse of a patient or client | DC Code § 22–3015 | 10 years and below |
By states
Alabama
Alabama divide its dispositions against forced sexual intercourse in sodomy and rape; in addition, the crime of "sexual torture" describes "rape by instrumentation"[4][5].
Offense | Article | Mandatory sentencing |
---|---|---|
Rape in the first degree | AL Code § 13A-6-61 | Between 10 and 99 years, or life |
Rape in the second degree | AL Code § 13A-6-62 | Between 2 and 20 years |
Sodomy in the first degree | AL Code § 13A-6-63 | Between 10 and 99 years, or life |
Sodomy in the second degree | AL Code § 13A-6-64 | Between 2 and 20 years |
Sexual torture | AL Code § 13A-6-65.1 | Between 10 and 99 years, or life |
Alaska
Source:
Offense | Article | Mandatory sentencing |
---|---|---|
Sexual assault in the first degree | AS §11.41.410 | 99 years or less[Note 3] |
Sexual assault in the second degree | AS §11.41.420 | 99 years or less |
Sexual assault in the third degree | AS §11.41.425 | 99 years or less |
Sexual assault in the fourth degree | AS §11.41.427 | 1 year or less |
Sexual abuse of a minor in the first degree | AS §11.41.434 | Between 20 to 99 years |
Sexual abuse of a minor in the second degree | AS §11.41.436 | Between 5 to 99 years |
Sexual abuse of a minor in the third degree | AS §11.41.438 | 5 years or less |
Sexual abuse of a minor in the fourth degree | AS §11.41.440 | 1 year or less |
Arizona
Arizona sentencing laws make the prison term depending from several factors such as the age of the victim or the criminal record of the offender.[6]
Offense | Article | Mandatory sentencing |
---|---|---|
Sexual conduct with a minor when victim under 15 | Ariz. Rev. Stat. Ann. §13-1405 | Between 13 and 27 years |
Sexual conduct with a minor when victim between 15 and 18 | Ariz. Rev. Stat. Ann. §13-1405 | Between 3 and 8.775 years |
Sexual conduct with a minor in all other cases | Ariz. Rev. Stat. Ann. §13-1405 | Between 6 months and 2.5 years |
Unlawful sexual conduct by adult probation department employees or juvenile court employees when victim between 15 and 18 | Ariz. Rev. Stat. Ann. §13-1409 | Between 3 and 8.775 years |
Unlawful sexual conduct by adult probation department employees or juvenile court employees in all other cases | Ariz. Rev. Stat. Ann. §13-1409 | Between 6 months and 2.5 years |
Unlawful sexual conduct by peace officers when victim under 15 | Ariz. Rev. Stat. Ann. §13-1412 | Between 13 and 27 years |
Unlawful sexual conduct by peace officers when victim between 15 and 18 | Ariz. Rev. Stat. Ann. §13-1412 | Between 3 and 8.775 years |
Unlawful sexual conduct by peace officers in all other cases | Ariz. Rev. Stat. Ann. §13-1412 | Between 6 months and 2.5 years |
Unlawful sexual conduct in correctional facilities by employee when victim under 15 | Ariz. Rev. Stat. Ann. §13-1419 | Between 13 and 27 years |
Unlawful sexual conduct in correctional facilities by employee when victim between 15 and 18 | Ariz. Rev. Stat. Ann. §13-1419 | Between 3 and 8.775 years |
Unlawful sexual conduct in correctional facilities by employee in all other cases | Ariz. Rev. Stat. Ann. §13-1419 | Between 6 months and 2.5 years |
Arkansas
Source:[7]
Offense | Article | Mandatory sentencing |
---|---|---|
Rape | §5-14-103 | Life or between 10 and 40 years[Note 4] |
Sexual assault in the first degree | §5-14-124
§5-14-124 |
Between 6 and 30 years |
Sexual assault in the second degree | §5-14-125(B)(b)(1) | Between 5 and 20 years |
Sexual assault in the second degree when victim under 14 and not married to the offender | §5-14-125(B)(b)(2) | 6 years or less |
Sexual assault in the third degree | §5-14-126 | Between 3 and 10 years |
Sexual assault in the fourth degree | §5-14-127(a)(1)(A | 6 years or less |
California
California separates rape, sodomy and rape by instrumentation.[8]
Offense | Article | Mandatory sentencing |
---|---|---|
Rape | Cal. Penal Code §261, Cal. Penal Code §264(a) | 3, 6 or 8 years |
Rape when victim under 14 | Cal. Penal Code §261, Cal. Penal Code §264(c)(1) | 9, 11 or 13 years |
Rape when victim between 14 and 18 | Cal. Penal Code §261, Cal. Penal Code §264(c)(2) | 7, 9 or 11 years |
Rape of a spouse | Cal. Penal Code §262, Cal. Penal Code §264(a) | 3, 6 or 8 years |
Rape of a spouse when victim under 14 | Cal. Penal Code §262, Cal. Penal Code §264(c)(1) | 9, 11 or 13 years |
Rape of a spouse when victim between 14 and 18 | Cal. Penal Code §262, Cal. Penal Code §264(c)(2) | 7, 9 or 11 years |
Sodomy | Cal. Penal Code §286 | Depends from the circumstances[Note 5] |
Oral copulation | Cal. Penal Code §288a | Depends from the circumstances[Note 6] |
Forcible Acts of Sexual Penetration | Cal. Penal Code §289 | Depends from the circumstances[Note 7] |
Colorado
Sexual assault describe rape in the law of Colorado, and several factors make this crime, normally classified as class 3 felony, to be punished more harshly.[9]
Offense | Article | Mandatory sentencing |
---|---|---|
Sexual assault | Colo. Rev. Stat. §18-3-402(2) | Between 2 and 6 years, followed by 3 years of parole |
Sexual assault when violence is threatened or used or when victim drugged | Colo. Rev. Stat. §18-3-402(3.5) | Between 4 and 12 years, followed by 5 years of parole |
Sexual assault when victim suffers serious bodily injury or when offender armed or assisted by others | Colo. Rev. Stat. §18-3-402(5) | Between 8 and 24 years, followed by 5 years of parole |
Connecticut
Source:[10]
Offense | Article | Mandatory sentencing |
---|---|---|
Sexual assault in the first degree | Conn. Gen. Stat. Ann. §53a-70 | Between 1 and 20 years |
Aggravated sexual assault in the first degree | Conn. Gen. Stat. Ann. §53a-70a | At least 10 years |
Aggravated sexual assault in the first degree when victim under 16 | Conn. Gen. Stat. Ann. §53a-70a | At least 10 years |
Sexual assault in the second degree | Conn. Gen. Stat. Ann. §53a-71 | Between 1 and 10 years |
Sexual assault in the second degree when victim under 16 | Conn. Gen. Stat. Ann. §53a-71 | Between 1 and 20 years |
Sexual assault in the third degree | Conn. Gen. Stat. Ann. §53a-72a | Between 1 and 5 years |
Sexual assault in the third degree when victim under 16 | Conn. Gen. Stat. Ann. §53a-72a | Between 1 and 10 years |
Delaware
In Delaware, rape is divided in four degrees.[11]
Offense | Article | Mandatory sentencing |
---|---|---|
Rape in the fourth degree | Del. Code Ann. tit. 11, § 770 | 15 years or less |
Rape in the third degree | Del. Code Ann. tit. 11, § 771 | Between 2 and 25 years |
Rape in the second degree | Del. Code Ann. tit. 11, § 772 | At least 10 years |
Rape in the first degree | Del. Code Ann. tit. 11, § 773 | Life or at least 15 years |
Florida
In Florida, rape is denominated "sexual battery."
Of note, the offense of capital sexual battery recover cases where the offender is above 18 and the victum below 12[12].
Offense | Article | Mandatory sentencing |
---|---|---|
Statutory sexual battery | Fla. Stat. § 794.011(8)(a) | 5 years or less |
Sexual battery | Fla. Stat. § 794.011(2)(b), Fla. Stat. § 794.011(5)(b), Fla. Stat. § 794.011(5)(c) | 15 years or less |
Aggravated sexual battery | Fla. Stat. § 794.011(2)(b), Fla. Stat. § 794.011(3), Fla. Stat. § 794.011(2)(b) | LWOP |
Capital sexual battery | Fla. Stat. § 794.011(2)(a) | Death[Note 8] or LWOP |
Sodomy | Fla. Stat. § 800.02 | 60 days or less[Note 9] |
Georgia
In Georgia, the offense of rape is consolidated in only one offense, and a separate charge of sodomy has been defined[13].
Offense | Article | Mandatory sentencing |
---|---|---|
Rape | Ga. Code Ann. § 16-6-1 | Death[Note 8], LWOP, life with parole or any sentence less than 25 followed by life probation |
Aggravated sodomy | Ga. Code Ann. § 16-6-2(a)(2) | Life or any term not above 25 followed by life probation |
Statutory rape | Ga. Code Ann. § 16-6-3 |
|
Hawaii
In Hawaii, the offense of sexual assault has been divided in three degrees, whose the three firsts are relevant to this article.[14]
Offense | Article | Mandatory sentencing |
---|---|---|
Sexual assault in the first degree | Haw. Rev. Stat. § 707-730 | 20 years or less |
Sexual assault in the second degree | Haw. Rev. Stat. § 707-731 | 10 years or less |
Sexual assault in the third degree | Haw. Rev. Stat. § 707-732 | 5 years or less |
Idaho
Idaho defines, besides classical rape, marital rape.[15]
Offense | Article | Mandatory Sentencing |
---|---|---|
Rape | Idaho Code Ann. § 18-6101 | Life or more than 1 year |
Rape of spouse | Idaho Code Ann. § 18-6107 | Life or more than 1 year |
Infamous crime against nature | Idaho Code Ann. § 18-6605 | Life or more than 5 years |
Illinois
In Illinois, the term of "criminal sexual assault" is used to describe what would be termed rape in the usual language.[16]
Offense | Article | Mandatory sentencing |
---|---|---|
Criminal Sexual Assault | Ch. 720 Ill. Comp. Stat. 5/11-1.20 | Between 4 and 15 years[Note 10] |
Aggravated Criminal Sexual Assault | Ch. 720 Ill. Comp. Stat. 5/11-1.30 | Between 6 and 30 years[Note 11] |
Predatory Criminal Sexual Assault of a Child | Ch. 720 Ill. Comp. Stat. 5/11-1.40 | Between 6 and 30 years[Note 12] |
Indiana
In Indiana, there is only one separate disposition for the crime of rape, on which, if needed, are applied aggravating circumstances.[17]
Offense | Article | Mandatory sentencing |
---|---|---|
Rape | Ind. Code § 35-42-4-1 | Between 3 and 16 years |
Aggravated rape | Ind. Code § 35-42-4-1(b) | Between 20 and 40 years |
Child Seduction with sexual intercourse | Ind. Code § 35-42-4-7(q)(2) | Between 1 and 6 years |
Iowa
In Iowa, there is three degrees of rape.[18]
Offense | Article | Mandatory sentencing |
---|---|---|
Sexual Abuse in the First Degree | Iowa Code § 709.2 | Life without parole |
Sexual Abuse in the Second Degree | Iowa Code § 709.3 | 25 years or less |
Sexual Abuse in the Third Degree | Iowa Code § 709.4 | 10 years or less |
Kansas
In addition to the different categories of statutory rape, there is only one category of rape in Kansas.[19]
Offense | Article | Mandatory sentencing |
---|---|---|
Rape | KAN. STAT. ANN. § 21-5503 | Variable[Note 13] |
Indecent Liberties with a Child | KAN. STAT. ANN. 21-5506(a) | Severity level 5, person felony |
Aggravated Indecent Liberties with a Child | KAN. STAT. ANN. §§ 21-5503 et sequential | Variable[Note 14] |
Criminal Sodomy | KAN. STAT. ANN. § 21-5504 | Variable[Note 9][Note 15] |
Aggravated Criminal Sodomy | KAN. STAT. ANN. § 21-5504 | Variable[Note 15] |
Kentucky
The law in Kentucky separates rape and sodomy, both divided in three degrees.[20]
Offense | Article | Mandatory sentencing |
---|---|---|
Aggravated Rape in the First Degree | KY. REV. STAT. ANN. § 510.040 | Between 10 and 20 years |
Rape in the First Degree | KY. REV. STAT. ANN. § 510.040 | Life or between 20 and 50 years |
Rape in the Second Degree | KY. REV. STAT. ANN. § 510.050 | Between 5 and 10 years |
Rape in the Third Degree | KY. REV. STAT. ANN. § 510.060 | Between 1 and 5 years |
Aggravated Sodomy in the First Degree | KY. REV. STAT. ANN. § 510.070 | Between 10 and 20 years |
Sodomy in the First Degree | KY. REV. STAT. ANN. § 510.070 | Life or between 20 and 50 years |
Sodomy in the Second Degree | KY. REV. STAT. ANN. § 510.080 | Between 5 and 10 years |
Sodomy in the Third Degree | KY. REV. STAT. ANN. § 510.090 | Between 1 and 5 years |
Louisiana
Louisiana has didived the offense of rape in three degrees[21].
Its capital child rape status was overturned by the Supreme Court in Kennedy v. Louisiana.
Offense | Article | Mandatory sentencing |
---|---|---|
First Degree Rape | LA. REV. STAT. ANN. § 14:42 | Life without parole |
First Degree Rape on child under 13 | LA. REV. STAT. ANN. § 14:42 D. (2)(a) | Death[Note 8] or life without parole |
Second Degree Rape | LA. REV. STAT. ANN. § 14:42.1 | Between 5 and 20 years |
Third Degree Rape | LA. REV. STAT. ANN. § 14:43 | 25 or less |
Maine
In Maine, rape is denominated "Gross Sexual Assault."[22]
Offense | Article | Mandatory sentencing |
---|---|---|
Manslaughter | ME. REV. STAT. tit. 17A, § 253 | Variable[Note 16] |
Maryland
In Maryland, rape, divided in two degrees, is restricted to non consented vaginal penetration while sexual offenses, divided in four degrees, include sexual acts in the two first degrees, here defined by any forced penetration.[23]
Offense | Article | Mandatory sentencing |
---|---|---|
Rape in the First Degree | Md. Code Ann., Criminal Law § 3-303 | Life without parole or any other term |
Rape in the Second Degree | Md. Code Ann., Criminal Law § 3-304 | 20 years or less |
Aggravated Rape in the Second Degree | Md. Code Ann., Criminal Law § 3-304(c)(2) | Life or any term above 15 years |
Sexual Offense in the First Degree | Md. Code Ann., Criminal Law § 3-305 | Life or any other term |
Aggravated Sexual Offense in the First Degree | Md. Code Ann., Criminal Law § 3-305(d)(2)-(4) | Life without parole or any other term |
Sexual Offense in the Second Degree | Md. Code Ann., Criminal Law § 3-306 | 20 years or less |
Aggravated Sexual Offense in the Second Degree | Md. Code Ann., Criminal Law § 3-306(c)(2) | Life or more than 15 years |
Massachusetts
Seevral different statutes define rape in Massachusetts.[24]
Offense | Article | Mandatory sentencing |
---|---|---|
Rape | MASS. GEN. LAWS. ANN. ch. 265, § 22 | Life or any term[Note 17] |
Rape of a Child | MASS. GEN. LAWS. ANN. ch. 265, § 22A | Life or any term |
Rape of a Child During Commission of Certain Offenses | MASS. GEN. LAWS. ANN. ch. 265, § 22B | Life or any term above 15 years |
Rape of a Child by Previously Convicted Offenders | MASS. GEN. LAWS. ANN. ch. 265, § 22C | Life or any term above 20 years |
Statutory Rape | MASS. GEN. LAWS. ANN. ch. 265, § 23 | Life or any term |
Aggravated Statutory Rape of a Child | MASS. GEN. LAWS. ANN. ch. 265, § 23A | Life or any term above 10 years |
Statutory Rape of a Child by Previously Convicted Offenders | MASS. GEN. LAWS. ANN. ch. 265, § 23B | Life or any term above 15 years |
Crime against nature[Note 9] | MASS. GEN. LAWS. ANN. ch. 272, § 34 | 20 years or less |
Michigan
In Michigan, the offense of rape is contained into the offenses of Criminal Sexual Conduct.[25]
Offense | Article | Mandatory sentencing |
---|---|---|
Crime against nature[Note 9] | MICH. COMP. LAWS ANN. § 750.158 | Life or any term |
Criminal Sexual Conduct in the First Degree | MICH. COMP. LAWS ANN. § 750.520b | Life or any term |
Criminal Sexual Conduct in the Second Degree | MICH. COMP. LAWS ANN. § 750.520c | 15 years or less |
Criminal Sexual Conduct in the Third Degree | MICH. COMP. LAWS ANN. § 750.520d | 15 years or less |
Criminal Sexual Conduct in the Fourth Degree | MICH. COMP. LAWS ANN. § 750.520e | 2 years or less |
Minnesota
In Minnesota the offense of is divided in five degrees, of whose the first three recover rape.[26]
Offense | Article | Mandatory sentencing |
---|---|---|
Criminal Sexual Conduct in the First Degree | Minn. Stat. § 609.342 | 30 years or less |
Criminal Sexual Conduct in the Second Degree | Minn. Stat. § 609.343 | 25 years or less |
Criminal Sexual Conduct in the Third Degree | Minn. Stat. § 609.344 | 15 years or less |
Mississippi
Several disparate statutes are appliable to the crime of rape.[27]
Offense | Article | Mandatory sentencing |
---|---|---|
Rape by drugging | Miss. Code Ann. § 97-3-65(4) | Life or any term |
Rape or Assault with Intent to Ravish | Miss. Code Ann. § 97-3-71 | Life or any term |
Sexual Battery | Miss. Code Ann. § 97-3-95 | 20 years or less[Note 18] |
Statutory Rape | Miss. Code Ann. § 97-3-65 | Life or any term[28] |
Unnatural Intercourse[Note 9] | Miss. Code Ann. § 97-29-59 | 10 years or less |
Missouri
In Missouri, both rape and statutory rape, along with sodomy, are divided in two degrees.[29]
Offense | Article | Mandatory sentencing |
---|---|---|
First Degree Rape | Mo. Rev. Stat. § 566.030 | Life or any sentence above 5 years |
Second Degree Rape | Mo. Rev. Stat. § 566.031 | 7 years or less |
Statutory Rape in the First Degree | Mo. Rev. Stat. § 566.032 | Life or any sentence above 5 years |
Statutory Rape in the Second Degree | Mo. Rev. Stat. § 566.034 | 7 years or less |
Sodomy in the First Degree | Mo. Rev. Stat. § 566.060 | Life or any sentence above 5 years |
Sodomy in the Second Degree | Mo. Rev. Stat. § 566.061 | 7 years or less |
Montana
In Montana rape is denominated Sexual Intercourse Without Consent.[30]
Offense | Article | Mandatory sentencing |
---|---|---|
Sexual Intercourse Without Consent | Mont. Code Anno. § 45-5-503 | Life or between 2 and 100 years |
Second conviction for sexual intercourse without consent when both accompanied by serious bodily injury | Mont. Code Anno. § 45-5-503(3)(c) | Death[Note 8] or LWOP |
Nebraska
In Nebraska the first degrees of several sex offenses recover cases of rape.[31]
Offense | Article | Mandatory sentencing |
---|---|---|
Sexual Assault in the First Degree | R.R.S. Neb. § 28-319 | Between 1 and 50 years |
Sexual Assault of a Child in the First Degree | R.S.S. Neb. § 28-319.01 | Life or at least 20 years |
Sexual Assault of an Inmate or Parolee in the First Degree | R.R.S. Neb. § 28-322 | 20 years or less |
Nevada
In Nevada, the offense of rape is denominated Sexual Assault.[32]
Offense | Article | Mandatory sentencing |
---|---|---|
Sexual Assault | Nev. Rev. Stat. Ann. § 200.366 | Life with a minimum of 10 years |
Sexual Assault causing substantial bodily harm | Nev. Rev. Stat. Ann. § 200.366(2)(a) | LWOP or lifewith a minimum of 10 years |
Statutory Sexual Seduction when offender above 21 | Nev. Rev. Stat. Ann. § 200.368(1) | Between 1 and 10 years |
Statutory Sexual Seduction when offender under 21 | Nev. Rev. Stat. Ann. § 200.368(2) | 1 year and less |
New Hampshire
In New Hampshire, rape is denominated Sexual Assault.[33]
Offense | Article | Mandatory sentencing |
---|---|---|
Aggravated Felonious Sexual Assault | RSA 632-A:2 | Between 10 and 20 years |
Felonious Sexual Assault | RSA 632-A:3 | Between 1 and 7 years |
Sexual Assault | RSA 632-A:4 | 1 year and less |
New Jersey
In New Jersey, rape is covered as Aggravated Sexual Assault in the First Degree.[34]
Offense | Article | Mandatory sentencing |
---|---|---|
Aggravated Sexual Assault in the First Degree | N.J.S.A. 2C:14-2(a) | Life with at least 25 years served or a term of 25 years and less |
New Mexico
In New Mexico the offense of rape is punished as Criminal Sexual Penetration, itself divided in four degrees.[35]
Offense | Article | Mandatory sentencing |
---|---|---|
Criminal Sexual Penetration in the First Degree | N.M. Stat. Ann. § 30-9-11(D) | 18 years |
Criminal Sexual Penetration in the Second Degree | N.M. Stat. Ann. § 30-9-11(E) | 15 years |
Criminal Sexual Penetration in the Third Degree | N.M. Stat. Ann. § 30-9-11(F) | 3 years |
Criminal Sexual Penetration in the Fourth Degree | N.M. Stat. Ann. § 30-9-11(G) | 18 months |
New York
In New York the crime of rape and Criminal Sexual Act are divided in three degrees; moreover, the offense of "Sexual Misconduct" describe any sexual act done without the victim's consent.[36]
Offense | Article | Mandatory sentencing |
---|---|---|
Sexual Misconduct | N.Y. Penal Law § 130.20 | 1 year or less |
Rape in the Third Degree | N.Y. Penal Law § 130.25 | Between 18 months and 4 years |
Rape in the Second Degree | N.Y. Penal Law § 130.30 | Between 2 and 7 years |
Rape in the First Degree | N.Y. Penal Law § 130.35 | Between 5 and 25 years |
Criminal Sexual Act in the Third Degree | N.Y. Penal Law § 130.40 | Between 18 months and 4 years |
Criminal Sexual Act in the Second Degree | N.Y. Penal Law § 130.45 | Between 2 and 7 years |
Criminal Sexual Act in the First Degree | N.Y. Penal Law § 130.50 | Between 5 and 25 years |
Aggravated Sexual Abuse in the Fourth Degree | N.Y. Penal Law § 130.65-a | Between 18 months and 4 years |
Aggravated Sexual Abuse in the Third Degree | N.Y. Penal Law § 130.66 | Between 2 and 7 years |
Aggravated Sexual Abuse in the Second Degree | N.Y. Penal Law § 130.67 | Between 3.5 and 15 years |
Aggravated Sexual Abuse in the First Degree | N.Y. Penal Law § 130.70 | Between 5 and 15 years |
North Carolina
In North Carolina, the offenses of Rape and Sexual Offense recover cases of forced penetration.[37]
The Constitution of North Carolina ranks rape among the crimes which can be punished by death, although Kennedy v. Louisiana restricts the range of capital crimes to homicides and crimes against the State.[38]
Offense | Article | Mandatory sentencing |
---|---|---|
First Degree Forcible Rape | N.C. Gen. Stat. Ann. § 14-27.21 | LWOP, life with parole or a prison term of at least 12 years |
Second Degree Forcible Rape | N.C. Gen. Stat. Ann. § 14-27.22 | From 3 years and 8 months to 15 years and 2 months |
Statutory Rape of a Child by an Adult | N.C. Gen. Stat. Ann. § 14-27.23 | LWOP, life with parole or a prison term of at least 25 years
After serving his sentence, the convict shall be under lifelong satellite-based monitoring |
First Degree Statutory Rape | N.C. Gen. Stat. Ann. § 14-27.24 | LWOP, life with parole or a prison term of at least 25 years
After serving his sentence, the convict shall be under lifelong satellite-based monitoring |
Statutory Rape of a Person Who Is 15 Years of Age or Younger | N.C. Gen. Stat. Ann. § 14-27.25 | LWOP, life with parole or a prison term of at least 12 years |
First Degree Forcible Sexual Offense | N.C. Gen. Stat. Ann. § 14-27.26 | LWOP, life with parole or a prison term of at least 12 years |
Second Degree Forcible Sexual Offense | N.C. Gen. Stat. Ann. § 14-27.27 | From 3 years and 8 months to 15 years and 2 months |
Statutory Sexual Offense of a Child by an Adult | N.C. Gen. Stat. Ann. § 14-27.28 | LWOP, life with parole or a prison term of at least 25 years
After serving his sentence, the convict shall be under lifelong satellite-based monitoring |
First Degree Statutory Sexual Offense | N.C. Gen. Stat. Ann. § 14-27.29 | LWOP, life with parole or a prison term of at least 25 years
After serving his sentence, the convict shall be under lifelong satellite-based monitoring |
Statutory Sexual Offense of a Person Who Is 15 Years of Age or Younger | N.C. Gen. Stat. Ann. § 14-27.30 | LWOP, life with parole or a prison term of at least 12 years |
North Dakota
In North Dakota, rape is defined as Gross Sexual Imposition, although several other crimes describe cases of statutory rape.[39]
Offense | Article | Mandatory sentencing |
---|---|---|
Gross Sexual Imposition when author at least 22 or when the victim suffered serious bodily injury | N.D. Cent. Code Ann. § 12.1-20-03(3)(a) | LWOP, life or prison term at least 20 years followed with probation |
Gross Sexual Imposition | N.D. Cent. Code Ann. § 12.1-20-03(3)(b) | 20 years or less |
Gross Sexual Imposition causing death | N.D. Cent. Code Ann. § 12.1-20-03(4) | LWOP |
Continuous Sexual Abuse of a Child when author above 22 | N.D. Cent. Code Ann. § 12.1-20-03.1 | LWOP or any lesser sentence |
Continuous Sexual Abuse of a Child when author below 22 | N.D. Cent. Code Ann. § 12.1-20-03.1 | 20 years or less |
Sexual Imposition | N.D. Cent. Code Ann. § 12.1-20-04 | 10 years or less |
Corruption or Solicitation of Minors when victim above 15 | N.D. Cent. Code Ann. § 12.1-20-05(1) | 1 year or less |
Corruption or Solicitation of Minors | N.D. Cent. Code Ann. § 12.1-20-05(2) | 5 years or less |
Corruption or Solicitation of Minors when victim above 15 within 50 feet (15.24 meters) of a school | N.D. Cent. Code Ann. § 12.1-20-05(3) | 5 years or less |
Corruption or Solicitation of Minors within 50 feet (15.24 meters) of a school | N.D. Cent. Code Ann. § 12.1-20-05(3) | 10 years or less |
Sexual Abuse of Wards | N.D. Cent. Code Ann. § 12.1-20-06 | 5 years or less |
Ohio
In Ohio, the offenses of Rape and Sexual Battery are relevant to this article.[40]
Offense | Article | Mandatory sentencing |
---|---|---|
Rape | Ohio Rev. Code Ann. § 2907.02 | Between 3 and 11 years |
Rape when victim drugged | Ohio Rev. Code Ann. § 2907.02(A)(1)(a) | Between 5 and 11 years |
Rape of victim under 13 | Ohio Rev. Code Ann. § 2907.02(A)(1)(b) | Life |
Rape of victim under 13 when offender under 16 | Ohio Rev. Code Ann. § 2907.02(A)(1)(b) | At least 25 years |
Rape of victim under 13 when offender already convicted for the same act, when serious physical harm has been inflicted or when victim under 10 | Ohio Rev. Code Ann. § 2907.02(A)(1)(b) | LWOP |
Sexual Battery | Ohio Rev. Code Ann. § 2907.03 | Between 9 months to 5 years |
Sexual Battery when victim under 13 | Ohio Rev. Code Ann. § 2907.03 | Between 2 and 8 years |
Oklahoma
Oklahoma divides the offense of rape in two degrees and enacted a capital version of the Jessica's Law.[41]
Offense | Article | Mandatory sentencing |
---|---|---|
Rape in the First Degree | Okla. Stat. Ann. tit. 21, §§ 1114, 1112 | Death[Note 8], LWOP, life with parole or term of at least 5 years |
Rape in the First Degree with priors | Okla. Stat. Ann. tit. 21, §§ 1114, 1112 | LWOP |
Rape in the First Degree on victim under 14 after having been previously convicted for sex offenses against children | Okla. Stat. Ann. tit. 21, §§ 1114, 1112 | Death[Note 8] or life imprisonment |
Okla. Stat. Ann. tit. 21, § 1114; 1112 | Okla. Stat. Ann. tit. 21, §§ 1114; 1112 | Between 1 and 15 years |
Forcible Sodomy | Okla. Stat. Ann. tit. 21, § 888 | 20 years or less |
Forcible Sodomy with two priors of sex offenses | Okla. Stat. Ann. tit. 21, § 888 | LWOP or life with parole |
Forcible Sodomy of victim under 14 after having been previously convicted for sex offenses against children | Okla. Stat. Ann. tit. 21, § 888 | Death[Note 8] or life imprisonment |
Oregon
Offense | Mandatory sentencing |
---|---|
Second Degree Murder | 25 years to Life |
Aggravated Murder | Death Penalty, Life without Parole, or Life with parole eligibility after 30 years |
Pennsylvania
Offense | Mandatory sentence |
---|---|
Third Degree Murder | 20–40 years, 5–40 years in the case of person dying from using drugs delivered to them |
Second Degree Murder | Life without parole |
First Degree Murder | Death Penalty or Life without parole |
Rhode Island
Offense | Mandatory sentence |
---|---|
Second Degree Murder | Life or no less than 10 years |
First Degree Murder | Life without parole or Life (parole eligibility after 15 years) |
South Carolina
Offense | Mandatory sentencing |
---|---|
Involuntary Manslaughter | Maximum of 5 years |
Voluntary Manslaughter | Maximum of 30 years |
Murder | Death, Life without parole, or no less than 30 years |
South Dakota
Offense | Mandatory sentencing |
---|---|
Second Degree Murder | 20 years, 25 years or Life Without Parole |
First Degree Murder | Death penalty or Life without parole |
Tennessee
Offense | Mandatory sentencing |
---|---|
Second Degree Murder | Imprisonment for not less than 15 years nor more than 60. |
First Degree Murder | Death, Life without parole, or 60 years with a possible 15% reduction for sentencing credits. [42] years |
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Notes and references
Notes
- ^ Since 1986, there is no parole in the federal system.
- ^ (?)
- ^ For the first offense, presumptive ranges are as follows: If the victim is less than 13 years of age: 25 to 35 years imprisonment. If the victim is 13 years of age or older: 20 to 30 years imprisonment. If the offender used a dangerous instrument, a firearm, or caused serious physical injury: 25 to 35 years imprisonment. Offenders who have been previously convicted of felonies face additional time in prison.
- ^ Minimum of 25 years if victim below 14.
- ^ with a victim under 18 years of age (punishable by up to one year imprisonment); with a victim where the offender is over the age of 21 and the victim is under 16 (punishable as a felony); with a victim who is under 14 years of age and more than 10 years younger than the offender (punishable by 3, 6, or 8 years imprisonment); with a victim and accomplishing the act by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or any other person (punishable by 3, 6, or 8 years imprisonment); with a victim who is under 14 years of age by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 9, 11, or 13 years imprisonment); with a victim who is a minor older than 14 years of age by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 7, 9, or 11 years imprisonment); with a victim and accomplishing the act by threatening to retaliate in the future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat (punishable by 3, 6, or 8 years); with a victim by, acting or by aiding and abetting another, and accomplishes the act by means of force or fear of immediate and unlawful bodily injury on the victim or another person or where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat (punishable by 5, 7 or 9 years imprisonment); with a victim who is under 14 years of age, while acting in concert with another person, either personally or aiding and abetting another, and accomplishing the act against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 10, 12, or 14 years imprisonment); with a minor who is older than 14 years of age, while acting in concert with another person and either personally committing the act or aiding and abetting another person, and accomplishing the act by means of force or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 7, 9, or 11 years imprisonment); with a victim of any age while confined in a detention facility (punishable by less than 1 year imprisonment); with a victim who is unconscious of the nature of the act (incapable of resisting because they are asleep or unconscious; not aware, knowing, perceiving, or cognizant of the act; was not aware or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact; or was not aware or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it did not) and this is known to the person committing the act (punishable by 3, 6, or 8 years imprisonment); with a victim who is incapable of giving consent due to mental disorder or physical or developmental disability and the offender knows (or should have known) the victim is unable to consent (punishable by 3, 6, or 8 years imprisonment); with a victim who is incapable of giving consent due to mental disorder or disability and the offender knows (or should have known) the victim is unable to consent BUT at the time both the offender and victim were institutionalized for the treatment of mental disorders (punishable by less than 1 year imprisonment); with a victim who is prevented from resisting by a substance and the offender knew (or should have known) of the victim’s condition (punishable by 3, 6, or 8 years imprisonment); with a victim who submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief (punishable by 3, 6, or 8 years imprisonment); or with a victim where the act is accomplished by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another and the victim has a reasonable belief that the perpetrator is a public official (punishable by 3, 6, or 8 years).
- ^ who is under the age of 18 (punishable by up to 1 year imprisonment); who is under 16 years of age and the offender is over 21 years of age (punishable as a felony); who is under 14 years of age and more than 10 years younger than the offender (punishable by imprisonment of 3, 6, or 8 years); where the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 3, 6, or 8 years imprisonment); who is under 14 years of age and the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 8, 10, or 12 years imprisonment); who is a minor older than 14 years of age and the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 6, 8, or 10, years’ imprisonment); where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat (punishable by 3, 6, or 8 years imprisonment); while acting in concert with another person, either personally or by aiding and abetting the other person and : (1) the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person; or (2) the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat; or (3) the victim is at the time incapable of consenting because of a mental disorder or disability and the offender knew or reasonably should have known (punishable by 5, 7, or 9 years imprisonment); while acting in concert with another person, either personally or aiding and abetting the other person, and the victim is under 14 years of age and the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 10, 12, or 14 years imprisonment); while acting in concert with another person, either personally or aiding and abetting the other person and the victim is a minor over 14 years of age and the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 8, 10, or 12 years imprisonment); who is confined in a prison at the time (punishable by not more than 1 year imprisonment); who is unconscious of the nature of the act (incapable of resisting because they are asleep or unconscious; not aware, knowing, perceiving, or cognizant of the act; not aware or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact; or not aware or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it did not), and this is known to the offender (punishable by 3, 6, or 8 years imprisonment) who is incapable of consenting because of mental disorder or disability, and the offender knew or reasonably should have known (punishable by 3, 6, or 8 years imprisonment); who is incapable of consenting because of mental disorder or disability, and the offender knew or reasonably should have known but both the victim and offender are institutionalized for treatment of mental disorders (punishable by up to 1 year imprisonment); who is prevented from resisting because of a substance and the offender knew or should have known (punishable by 3, 6, or 8 years); who submits under the belief that the offender is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief(punishable by 3, 6, or 8 years imprisonment); or where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another and the victim has a reasonable belief that the perpetrator is a public official (punishable by 3, 6, or 8 years imprisonment).
- ^ against a victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 3, 6, or 8 years imprisonment); upon a child who is under 14 years old and the act is accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 8,10, or 12 years imprisonment); upon a minor who is over 14 years old and the act is accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 6, 8, or 10 years imprisonment); against the victim's will by threatening to retaliate in the future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat (punishable by 3, 6, or 8 years imprisonment); where the victim is incapable of consenting because of mental disorder or disability and the offender knew or should have known that the victim was unable to consent (punishable by 3, 6, or 8 years imprisonment); where the victim is incapable of consenting because of mental disorder or disability and the offender knew or should have known that the victim was unable to consent BUT at the time both the victim and offender were institutionalized for treatment for mental disorders (punishable by not more than one year imprisonment); or with a victim who is unconscious of the nature of the act (incapable of resisting because they are asleep or unconscious; not aware, knowing, perceiving, or cognizant of the act; not aware or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact; or not aware or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it did not) (punishable by 3, 6, or 8 years imprisonment); with a victim who is prevented from resisting by a substance and the offender knew or should have known the victim’s condition (punishable by 3, 6, or 8 years imprisonment) with a victim who submits under the belief that the person committing the act or causing the act to be committed is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief (punishable by 3, 6, or, 8 years imprisonment) against a victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official (punishable by 3, 6, or 8 years) with another person who is under 18 years of age (punishable by less than 1 year imprisonment) with a victim under the age of 16 and the offender is above the age of 21 (punishable as a felony) with a victim who is under the age of 14 and the offender is more than 10 years older (punishable by 3, 6, or 8 years imprisonment)
- ^ a b c d e f g Death penalty banned for non-fatal rapes as per Kennedy v. Louisiana.
- ^ a b c d e Prosecution banned in consensual cases as per Lawrence v. Texas.
- ^ A defendant convicted of criminal sexual assault under (1) or (2), and was previously convicted of criminal sexual assault or exploitation of a child, or an offense either in Illinois or another state that is substantially equivalent, commits a Class X felony, punishable by a term of imprisonment of not less than 30 years and not more than 60 years, except that if defendant is under the age of 18 at the time of the offense, defendant shall be sentenced under Section 5-4.5-105 of the U.S. Code of Corrections. A defendant who has attained the age of 18 at the time of the commission of the offense and who is convicted of criminal sexual assault under (1) or (2), and was previously convicted of aggravated criminal sexual assault or predatory criminal sexual assault of a child, of a child, or an offense either in Illinois or another state that is substantially equivalent, shall be sentenced to a term of natural life imprisonment. A person who is under the age of 18 at the time of commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections. A second or subsequent conviction under (3) or (4), or under any similar statute of Illinois or another state, is a Class X felony.
- ^ A defendant convicted under (A)(2) – (7), (B), or (C) commits a Class X felony. A defendant convicted under (A)(1) commits a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court. A defendant convicted under (A)(8) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A defendant convicted under (A)(9) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A defendant convicted under (A)(10) commits a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court. A defendant under the age of 18 at the time of the commission of an offense for which defendant is convicted under (A)(1) – (A)(10) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections. A defendant who has attained the age of 18 at the time of the commission of the offense and who is convicted of a second or subsequent conviction for this offense, or a previous conviction for criminal sexual assault, predatory criminal sexual assault of a child, or an offense either in Illinois or another state that is substantially equivalent, will result in a sentence of a term of natural life imprisonment. A person who is under the age of 18 at the time of commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
- ^ A defendant convicted under (1) commits a Class X felony, for which defendant shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years. A defendant convicted under (2)(a) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A defendant convicted under (2)(b) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A defendant who has attained the age of 18 and who is convicted under (2)(c) commits a Class X felony for which defendant shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment. A defendant who is convicted under (1), (2)(a), (2)(b) or (2)(c) and who is under the age of 18 at the time of commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections. A defendant convicted under (2)(d) commits a Class X felony for which defendant shall be sentenced to a term of imprisonment of not less than 50 years and not more than 60 years. A defendant who is under the age of 18 at the time of commission of the offense, however, shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections. A defendant who has attained the age of 18 at the time of commission of the offense and is convicted of an offense committed against 2 or more persons, regardless of whether the offenses occurred as a result of the same act or of several related or unrelated acts, shall be sentenced to a term of natural life imprisonment. A defendant who is under the age of 18 at the time of commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections. If defendant is eighteen years old or older, a second or subsequent conviction for this offense, or a previous conviction for criminal sexual assault, aggravated criminal sexual assault, or an offense either in Illinois or another state that is substantially equivalent, will result in a sentence of a term of natural life imprisonment. A defendant who is under the age of 18 at the time of commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
- ^ Non-consensual intercourse by force or force or with a victim that is unconscious or physically powerless is a severity level 1, person felony Sexual intercourse with a child under 14 is a severity level 1, person felony Sexual intercourse through the two types of knowing misrepresentation listed above is a severity level 2, person felony
- ^ Sexual intercourse with a child between 14-16 is a severity level 3, person felony Engaging in the listed lewd acts with a child 14-16 years old is a severity level 4, person felony Engaging in the listed lewd acts with a child younger than 14 is a severity level 3, person felony
- ^ a b Sodomy between two people who are over 16 years of age or between a person and an animal is a class B, nonperson misdemeanor. Sodomy with a 14-16 year old or forcing a 14-16 year old to have sodomy is a severity level 3, person felony. Sodomy with a non-consenting victim or forcing someone to engage in sodomy is a severity level 1, person felony. Sodomy with a child under 14 or with a victim who does not consent to sodomy but is overcome by fear or force, is unconscious or physically powerless, or is incapable of giving consent is a severity level 1, person felony
- ^ Compelling sexual acts is a class A crime. A sexual act with someone under 14 is a class A crime. A sexual act with someone under 12 is a class A crime. A sexual act with someone who the offender has in some way intoxicated is a class B crime. A sexual act by threat is a class B crime. A sexual act with a person with mental disability is a class B crime. A sexual act with someone who is unconscious or is otherwise unable to physically resist is a class B crime. A sexual act, as described above, by a person in an authoritative or disciplinary capacity is a class C crime. A sexual act with a student under 18 when the offender has an instructional, supervisory, or disciplinary authority over the victim is a class C crime. A sexual act with a minor by someone in charge of the long-term care and welfare of that person is a class B crime. A sexual act by a psychiatrist, psychologist, or social worker with a client is a class C crime. A sexual act by an owner, operator, or employee of an organization licensed by the Department of Health and Human Services on a client of that organization is a class C crime. A sexual act on a dependent person who is unable to provide self-care is a class C crime.
- ^ If rape results in or is committed along with acts resulting in serious bodily injury, is committed by a joint enterprise, or is committed during the commission or attempted commission of certain dangerous felonies, it is punishable by life imprisonment or any term of years. Rape without one of the above factors is punishable by state imprisonment not more than 20 years. Repeat offenders shall be punished up to life imprisonment. Committing rape while armed with a firearm or assault weapon is punishable by at least 10 years in state prison. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.
- ^ For a first conviction.
References
- ^ "Rape". FBI. Retrieved 2017-06-23.
- ^ Center, Marshall University Forensic Science. "Federal Sex Offense Laws | Sexual Violence and Stalking Laws | West Virginia Foundation for Rape Information and Services (WV FRIS)". www.fris.org. Retrieved 2017-06-23.
- ^ "District of Columbia Rape and Sexual Assault Laws - FindLaw". Findlaw. Retrieved 2017-06-25.
- ^ "WomensLaw.org | Alabama Statutes: Section 13A-6-62. Rape in the second degree". www.womenslaw.org. Retrieved 2017-06-25.
- ^ "The Laws In Your State: Alabama | RAINN". www.rainn.org. Retrieved 2017-06-25.
- ^ "The Laws In Your State: Arizona | RAINN". www.rainn.org. Retrieved 2017-06-25.
- ^ "The Laws In Your State: Arkansas". RAINN. Retrieved 2017-06-26.
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(help) - ^ "The Laws In Your State: California". RAINN. Retrieved 2017-06-26.
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: Cite has empty unknown parameter:|dead-url=
(help) - ^ "The Laws In Your State: Colorado". RAINN. Retrieved 2017-06-26.
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: Cite has empty unknown parameter:|dead-url=
(help) - ^ "The Laws In Your State: Connecticut". RAINN. Retrieved 2017-06-26.
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: Cite has empty unknown parameter:|dead-url=
(help) - ^ "The Laws In Your State: Delaware". RAINN. Retrieved 2017-06-26.
{{cite web}}
: Cite has empty unknown parameter:|dead-url=
(help) - ^ "The Laws In Your State: Florida". RAINN. Retrieved 2017-06-26.
{{cite web}}
: Cite has empty unknown parameter:|dead-url=
(help) - ^ "The Laws In Your State: Georgia". RAINN. Retrieved 2017-06-26.
{{cite web}}
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(help) - ^ "The Laws In Your State: Hawaii". RAINN. Retrieved 2017-06-27.
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(help) - ^ "The Laws In Your State: Idaho". RAINN. Retrieved 2017-06-27.
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(help) - ^ "The Laws In Your State: Illinois". RAINN. Retrieved 2017-06-27.
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(help) - ^ "The Laws In Your State: Indiana". RAINN. Retrieved 2017-07-03.
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(help) - ^ "The Laws In Your State: Iowa". RAINN. Retrieved 2017-07-03.
{{cite web}}
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(help) - ^ "The Laws In Your State: Kansas". RAINN. Retrieved 2017-07-03.
{{cite web}}
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(help) - ^ "The Laws In Your State: Kentucky | RAINN". www.rainn.org. Retrieved 2017-07-03.
- ^ "The Laws In Your State: Louisiana". RAINN. Retrieved 2017-07-03.
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(help) - ^ "The Laws In Your State: Maine". RAINN. Retrieved 2017-07-03.
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(help) - ^ "The Laws In Your State: Maryland". RAINN. Retrieved 2017-07-03.
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(help) - ^ "The Laws In Your State: Massachusetts". RAINN. Retrieved 2017-07-03.
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(help) - ^ "The Laws In Your State: Michigan". RAINN. Retrieved 2017-07-03.
{{cite web}}
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(help) - ^ "The Laws In Your State: Minnesota". RAINN. Retrieved 2017-07-03.
{{cite web}}
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(help) - ^ "The Laws In Your State: Mississippi". RAINN. Retrieved 2017-07-03.
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(help) - ^ Depending from the victim's age.
- ^ "The Laws In Your State: Missouri". RAINN. Retrieved 2017-07-04.
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(help) - ^ "The Laws In Your State: Montana". RAINN. Retrieved 2017-07-04.
{{cite web}}
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(help) - ^ "The Laws In Your State: Nebraska". RAINN. Retrieved 2017-07-04.
{{cite web}}
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(help) - ^ "The Laws In Your State: Nevada". RAINN. Retrieved 2017-07-04.
{{cite web}}
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(help) - ^ "The Laws In Your State: New Hampshire". RAINN. Retrieved 2017-07-04.
{{cite web}}
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(help) - ^ "The Laws In Your State: New Jersey". RAINN. Retrieved 2017-07-04.
{{cite web}}
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(help) - ^ "The Laws In Your State: New Mexico". RAINN. Retrieved 2017-07-04.
{{cite web}}
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(help) - ^ "The Laws In Your State: New York". RAINN. Retrieved 2017-07-19.
{{cite web}}
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(help) - ^ "The Laws In Your State: North Carolina". RAINN. Retrieved 2017-07-19.
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(help) - ^ Art. XI, § 2, Const. 1868
- ^ "The Laws In Your State: North Dakota". RAINN. Retrieved 2017-07-19.
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(help) - ^ "The Laws In Your State: Ohio". RAINN. Retrieved 2017-07-19.
{{cite web}}
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(help) - ^ "The Laws In Your State: Oklahoma". RAINN. Retrieved 2017-07-19.
{{cite web}}
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(help) - ^ https://tnsocialjustice.wordpress.com/2014/07/08/51-years-the-new-life-without-parole/
Bibliography
External links
- "Public Policy & Action". RAINN. Retrieved 2017-06-26.
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