# Rape laws in the United States

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

## Terminology

Laws use various terms to define aspects of instances of rape or sexual assault, including the acts themselves, the alleged perpetrator and the alleged victim, and whether they are or have been married to each other or someone else.
* Penetrative acts:
** rape, or carnal knowledge (generally vaginal, sometimes also anal or oral)
** sodomy, unnatural intercourse, or crime against nature (only anal, generally between two men, sometimes also a man to a woman)
** sexual abuse (when an accuser was incapable of consenting due to age, or otherwise in an unequal power relation with the accused)
** sexual assault (can also be non-penetrative)
** sexual battery
** sexual intercourse or (mis)conduct (generally vaginal, sometimes also oral and anal)
** deviate sexual intercourse or (mis)conduct (only oral and anal, sometimes any form of sexual intercourse with animals)
** infamous crime against nature (only oral and anal, and any form of sexual intercourse with animals; unclear whether it prohibits non-penetrative cunnilingus)
* Non-penetrative acts: indecent contact, sexual assault (can also be penetrative)
* Accused: accused, actor, author, defendant, (alleged) perpetrator, person, suspect
* Accuser: accuser, complainant, person, the other person, (alleged) victim
* Husband (male) or wife (female): spouse, spousal or marital (adjective)
Furthermore, each state or federal agency may define sexual consent differently, if they do so at all. Some may only define the circumstances in which a person is incapable of consenting, and assume implied consent on a person in every other situation. They often require said person to resist any unwanted sexual advances, or that these advances only become criminal when the accused can be shown to have used some kind of force or coercion (which the accuser was incapable of resisting – though this is not always required) to commit the unwanted sexual advances upon the accuser. Other U.S. states and federal agencies afford each person voluntary, freely given or affirmative consent, which must first be obtained by someone else before being allowed to have sex with said person, and that this consent can be revoked at any time by said person.

## Federal
### Civilian

Federal law applies in federal areas and in cases of displacement between states:
| Offense | Article | Mandatory sentencing |
| Sexual abuse | 18 U.S. Code § 2242 | Life without parole or any other term |
| Aggravated sexual abuse by force or threat | 18 U.S. Code § 2241(a) | Life without parole or any other term |
| Aggravated sexual abuse by other means | 18 U.S. Code § 2241(b) | Life without parole or any other term |
| Aggravated sexual abuse with children | 18 U.S. Code § 2241(c) | Life imprisonment without parole or any term not less than 30 years |

### Military

The United States military has an offense of rape and another of sodomy. The Uniform Code of Military Justice (UCMJ) of the United States Armed Forces regards sex without consent as rape or sexual assault; it provides a definition of consent and examples of illegitimate inferrals of consent in § 920. Art. 120. "Rape and sexual assault generally" (g) 7 and 8.
| Offense | Article | Mandatory sentencing |
| Rape | 10 U.S. Code § 920 – Art. 120(a) | "as a court-martial may direct" |
| 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".
| Offense | Article | Mandatory sentencing |
| First Degree Sexual Abuse | DC Code § 22–3002 | Up to 30 years (sentence can exceed 30 years if there are aggravating circumstances) or life without parole |
| Second Degree Sexual Abuse | DC Code § 22–3003 | Up to 20 years |
| First Degree Child Sexual Abuse | DC Code § 22–3008 | Up to 30 years (sentence can exceed 30 years if there are aggravating circumstances) or life without parole |
| First degree sexual abuse of a secondary education student | DC Code § 22–3009.03 | Up to 10 years |
| First degree sexual abuse of a ward, patient, client, or prisoner | DC Code § 22–3013 | Up to 10 years |
| First degree sexual abuse of a patient or client | DC Code § 22–3015 | Up to 10 years |

## States

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

### Alabama

Alabama divide its dispositions against forced sexual intercourse in sodomy and rape; in addition, the crime of "sexual torture" describes "rape by instrumentation".
| Offense | Article | Mandatory sentencing |
| Rape in the first degree | AL Code § 13A-6-61 | Between 10 and 99 years, or life |
| Rape in the second degree | AL Code § 13A-6-62 | Between 2 and 20 years |
| Sodomy in the first degree | AL Code § 13A-6-63 | Between 10 and 99 years, or life |
| Sodomy in the second degree | AL Code § 13A-6-64 | Between 2 and 20 years |
| Sexual torture | AL Code § 13A-6-65.1 | Between 10 and 99 years, or life |

### Alaska

| Offense | Article | Mandatory sentencing |
| Sexual assault in the first degree | AS §11.41.410 | 99 years or less |
| 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 and 99 years |
| Sexual abuse of a minor in the second degree | AS §11.41.436 | Between 5 and 99 years |
| Sexual abuse of a minor in the third degree | AS §11.41.438 | 5 years or less |
| Sexual abuse of a minor in the fourth degree | AS §11.41.440 | 1 year or less |

### Arizona

Arizona sentencing laws make the prison term dependent on several factors such as the age of the victim or the criminal record of the offender.
| 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:
| Offense | Article | Mandatory sentencing |
| Rape | §5-14-103 | Life or between 10 and 40 years (minimum of 25 years if victim is under 14) |
| Sexual assault in the first degree | §5-14-124 §5-14-124 | Between 6 and 30 years |
| Sexual assault in the second degree | §5-14-125(B)(b)(1) | Between 5 and 20 years |
| Sexual assault in the second degree when victim under 14 and not married to the offender | §5-14-125(B)(b)(2) | Up to 6 years |
| Sexual assault in the third degree | §5-14-126 | Between 3 and 10 years |
| Sexual assault in the fourth degree | §5-14-127(a)(1)(A) | Up to 6 years |

### California

California separates rape, sodomy and rape by instrumentation.
| 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 |
| Sex with a child under 10, and the defendant is 18 or older | Cal. Penal Code 287(a)(b) | 15 years to life, 25 years to life, or life without the possibility of parole (depends on the aggravating factors) |
| 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 |
| Oral copulation | Cal. Penal Code §288a | Depends from the circumstances |
| Forcible Acts of Sexual Penetration | Cal. Penal Code §289 | Depends from the circumstances |
All crimes listed here are also subject to California’s “One-Strike Law,” outlined in Penal Code 667.61. This law includes a list of aggravating circumstances—such as having a prior sex crime conviction or employing torture during the crime. If one or more aggravating circumstances are found to be true, the base sentence can be increased to a life sentence. Parole eligibility depends on the age of the victim and the number of aggravating circumstances that are proven. Depending on the specifics of the case, parole eligibility may be set at 15 years served, 25 years served, or, in extreme cases, life without the possibility of parole. As of October 2021, the spousal rape section was repealed by the Legislature. Spousal rape is now prosecuted the same as other rape charges.

### Colorado

Sexual assault describes rape in the law of Colorado, and several factors make this crime, normally classified as class 3 felony, to be punished more harshly.
| 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:
| 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.
| Offense | Article | Mandatory sentencing |
| Rape in the fourth degree | Del. Code Ann. tit. 11, § 770 | Up to 15 years |
| Rape in the third degree | Del. Code Ann. tit. 11, § 771 | Between 2 and 25 years |
| Rape in the second degree | Del. Code Ann. tit. 11, § 772 | Between 10 and 25 years |
| Rape in the first degree | Del. Code Ann. tit. 11, § 773 | 15 years to life-with-or-without-parole Mandatory life-without-parole if: The victim is under 16 The victim becomes disabled due to the rape The defendant has previously been convicted of first- or second-degree rape There were three or more separate victims |

### Florida

In Florida, rape is denominated "sexual battery." Of note, the offense of capital sexual battery cover cases where the offender is above 18 and the victim below 12.
| Offense | Article | Mandatory sentencing |
| Statutory sexual battery | Fla. Stat. § 794.011(8)(a) | Up to 5 years |
| Sexual battery | Fla. Stat. § 794.011(2)(b), Fla. Stat. § 794.011(5)(b), Fla. Stat. § 794.011(5)(c) | Up to 15 years |
| Aggravated sexual battery | Fla. Stat. § 794.011(2)(b), Fla. Stat. § 794.011(3), Fla. Stat. § 794.011(2)(b) | Life without parole (For juveniles, a judge will set a maximum sentence of 40 years and they are eligible for review after serving 5/8 of that sentence) |
| Capital sexual battery | Fla. Stat. § 794.011(2)(a) | Death or Life without parole (For juveniles, a judge will set a maximum sentence of 40 years and they are eligible for review after serving 5/8 of that sentence) |
| Sodomy | Fla. Stat. § 800.02 | Up to 60 days |
Section 794.011 of the Florida Statutes defines "consent" as 'intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.' Any sexual act performed on a person without their freely given or affirmative consent is punishable as 'sexual battery' to various degrees (depending on the perpetrator's and victim's ages, and whether no, some, or potentially deadly physical force or coercion was used).

### Georgia

In Georgia, the offense of rape is consolidated in only one offense, and a separate charge of sodomy has been defined.
| Offense | Article | Mandatory sentencing |
| Rape | Ga. Code Ann. § 16-6-1 | Death, LWOP, life with parole, or any sentence not less than 25 years followed by lifetime probation |
| Aggravated sodomy | Ga. Code Ann. § 16-6-2(a)(2) | Life or any term not less than 25 years followed by life probation |
| Statutory rape | Ga. Code Ann. § 16-6-3 | If offender above 21 then between 10 and 20 years If victim between 14 and 16 and offender below 18 and no more than four years older than the victim then it is a misdemeanor Else, between 1 and 20 years |

### Hawaii

In Hawaii, the offense of sexual assault has been divided in three degrees.
| Offense | Article | Mandatory sentencing |
| Sexual assault in the first degree | Haw. Rev. Stat. § 707-730 | Up to 20 years |
| Sexual assault in the second degree | Haw. Rev. Stat. § 707-731 | Up to 10 years |
| Sexual assault in the third degree | Haw. Rev. Stat. § 707-732 | Up to 5 years |

### Idaho

Idaho defines, besides classical rape, marital rape.
| Offense | Article | Mandatory Sentencing |
| Rape | Idaho Code Ann. § 18-6101 | Any term of years greater than 1, or life |
| Rape of spouse | Idaho Code Ann. § 18-6107 | Life or not less than 1 year |
| Infamous crime against nature | Idaho Code Ann. § 18-6605 | Any term of years greater than five, or life |

### Illinois

In Illinois, the term of "criminal sexual assault" is used to describe what would be termed rape in the usual language.
| Offense | Article | Mandatory sentencing |
| Criminal Sexual Assault | Ch. 720 Ill. Comp. Stat. 5/11-1.20 | Between 4 and 15 years |
| Aggravated Criminal Sexual Assault | Ch. 720 Ill. Comp. Stat. 5/11-1.30 | Between 6 and 30 years |
| Predatory Criminal Sexual Assault of a Child | Ch. 720 Ill. Comp. Stat. 5/11-1.40 | Between 6 and 30 years |
According to the 2012 Criminal Code of the Illinois Compiled Statutes, Section 720 ILCS 5/11-1.70, "consent" is 'a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent. A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.' However, the lack of consent is not sufficient to prosecute anyone for a sex crime (except in very specific cases in which the victim is deemed incapable of consenting, namely Section 11-1.20 (a)(2), Section 11-1.50.(a)(2), Section 11-9.2.(e), and Section 11-9.5.(c)), making Illinois' rape legislation coercion-based (Section 11-1.20 (a)(1)).

### Indiana

In Indiana, there is only one separate disposition for the crime of rape, on which, if needed, are applied aggravating circumstances.
| Offense | Article | Mandatory sentencing |
| Rape | Ind. Code § 35-42-4-1 | Between 3 and 16 years |
| Aggravated rape | Ind. Code § 35-42-4-1(b) | Between 20 and 40 years |
| Child Seduction with sexual intercourse | Ind. Code § 35-42-4-7(q)(2) | Between 1 and 6 years |

### Iowa

In Iowa, there are three degrees of rape.
| Offense | Article | Mandatory sentencing |
| Sexual Abuse in the First Degree | Iowa Code § 709.2 | Life without parole (parole eligibility if the defendant was a juvenile) |
| Sexual Abuse in the Second Degree | Iowa Code § 709.3 | Up to 25 years |
| Sexual Abuse in the Third Degree | Iowa Code § 709.4 | Up to 10 years |

### Kansas

In addition to the different categories of statutory rape, there is one category of rape in Kansas.
| Offense | Article | Mandatory sentencing |
| Rape | KAN. STAT. ANN. § 21-5503 | Variable |
| 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 |
| Criminal Sodomy | KAN. STAT. ANN. § 21-5504 | Variable |
| Aggravated Criminal Sodomy | KAN. STAT. ANN. § 21-5504 | Variable |

### Kentucky

The law in Kentucky separates rape and sodomy, both divided into three degrees.
| Offense | Article | Mandatory sentencing |
| Rape in the First Degree | KY. REV. STAT. ANN. § 510.040 | Between 10 and 20 years |
| Aggravated Rape in the First Degree | KY. REV. STAT. ANN. § 510.040 | Life or between 20 and 50 years |
| Rape in the Second Degree | KY. REV. STAT. ANN. § 510.050 | Between 5 and 10 years |
| Rape in the Third Degree | KY. REV. STAT. ANN. § 510.060 | Between 1 and 5 years |
| Sodomy in the First Degree | KY. REV. STAT. ANN. § 510.070 | Between 10 and 20 years |
| Aggravated Sodomy in the First Degree | KY. REV. STAT. ANN. § 510.070 | Life or between 20 and 50 years |
| Sodomy in the Second Degree | KY. REV. STAT. ANN. § 510.080 | Between 5 and 10 years |
| Sodomy in the Third Degree | KY. REV. STAT. ANN. § 510.090 | Between 1 and 5 years |

### Louisiana

Louisiana has divided the offense of rape into three degrees.
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 (eligible for parole after 30 years if the defendant was under 18) |
| First Degree Rape on child under 13 | LA. REV. STAT. ANN. § 14:42 D. (2)(a) | Death or life without parole (eligible for parole after 30 years if the defendant was under 18) |
| Second Degree Rape | LA. REV. STAT. ANN. § 14:42.1 | Between 5 and 40 years |
| Third Degree Rape | LA. REV. STAT. ANN. § 14:43 | Up to 25 years |

### Maine

In Maine, rape is denominated "Gross Sexual Assault."
| Offense | Article | Mandatory sentencing |
| Gross Sexual Assault | ME. REV. STAT. tit. 17A, § 253 | Variable |

### Maryland

In Maryland, rape, divided into two degrees, is restricted to non-consented vaginal penetration while sexual offenses, divided in four degrees, include sexual acts in the two first degrees, here defined by any forced penetration.
| Offense | Article | Mandatory sentencing |
| Rape in the First Degree | Md. Code Ann., Criminal Law § 3-303 | Life without parole or any other term (only an option if the defendant was under 18) |
| Rape in the Second Degree | Md. Code Ann., Criminal Law § 3-304 | Up to 20 years |
| Aggravated Rape in the Second Degree | Md. Code Ann., Criminal Law § 3-304(c)(2) | Life or any term not less than 15 years |
| Sexual Offense in the First Degree | Md. Code Ann., Criminal Law § 3-305 | Life or any other term |
| Aggravated Sexual Offense in the First Degree | Md. Code Ann., Criminal Law § 3-305(d)(2)-(4) | Life without parole or any other term (only an option if the defendant was under 18) |
| Sexual Offense in the Second Degree | Md. Code Ann., Criminal Law § 3-306 | Up to 20 years |
| Aggravated Sexual Offense in the Second Degree | Md. Code Ann., Criminal Law § 3-306(c)(2) | Life or any term not less than 15 years |

### Massachusetts

Several different statutes define rape in Massachusetts.
| Offense | Article | Mandatory sentencing |
| Rape | MASS. GEN. LAWS. ANN. ch. 265, § 22 | Life or any other term |
| Rape of a Child | MASS. GEN. LAWS. ANN. ch. 265, § 22A | Life or any other term |
| Rape of a Child During Commission of Certain Offenses | MASS. GEN. LAWS. ANN. ch. 265, § 22B | Life or any term not less than 15 years |
| Rape of a Child by Previously Convicted Offenders | MASS. GEN. LAWS. ANN. ch. 265, § 22C | Life or any term not less than 20 years |
| Statutory Rape | MASS. GEN. LAWS. ANN. ch. 265, § 23 | Life or any other term |
| Aggravated Statutory Rape of a Child | MASS. GEN. LAWS. ANN. ch. 265, § 23A | Life or any term not less than 10 years |
| Statutory Rape of a Child by Previously Convicted Offenders | MASS. GEN. LAWS. ANN. ch. 265, § 23B | Life or any term not less than 15 years |
| Crime against nature | MASS. GEN. LAWS. ANN. ch. 272, § 34 | Up to 20 years |

### Michigan

In Michigan, the offense of rape is contained into the offenses of Criminal Sexual Conduct.
| Offense | Article | Mandatory sentencing |
| Crime against nature | MICH. COMP. LAWS ANN. § 750.158 | Life or any other term |
| Criminal Sexual Conduct in the First Degree | MICH. COMP. LAWS ANN. § 750.520b | Life or any other term |
| Criminal Sexual Conduct in the Second Degree | MICH. COMP. LAWS ANN. § 750.520c | Up to 15 years |
| Criminal Sexual Conduct in the Third Degree | MICH. COMP. LAWS ANN. § 750.520d | Up to 15 years |
| Criminal Sexual Conduct in the Fourth Degree | MICH. COMP. LAWS ANN. § 750.520e | Up to 2 years |

### Minnesota

In Minnesota the offense is divided into five degrees, of which the first three cover rape.
| Offense | Article | Mandatory sentencing |
| Criminal Sexual Conduct in the First Degree | Minn. Stat. § 609.342 | Up to 30 years |
| Criminal Sexual Conduct in the Second Degree | Minn. Stat. § 609.343 | Up to 25 years |
| Criminal Sexual Conduct in the Third Degree | Minn. Stat. § 609.344 | Up to 15 years |
Until July 2019, in Minnesota sexual violence occurring between spouses at the time they cohabit or between unmarried partners could be prosecuted only if there was force or threat of thereof, due to exemptions created by Article 609.349 'Voluntary relationships' which stipulated that certain sexual offenses do not apply to spouses (unless they are separated), and neither do they apply to unmarried cohabitants. These are offenses that deal with situations where the lack of consent is due to the incapacity of consent of the victim, including where the victim was drugged by the perpetrator. These situations, which were excluded from prosecution, are where the victim was "mentally impaired, mentally incapacitated, or physically helpless". The term "mentally incapacitated" is defined as a person who "under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration". (see Article 609.341 for definitions). In 2019, these exemptions were repealed.
In 2021 the Minnesota Supreme Court ruled that people who drink alcohol or take drugs of their own free will before being sexually assaulted do not meet the Minnesota legislature’s definition of mentally incapacitated.

### Mississippi

Several disparate statutes are applicable to the crime of rape.
| Offense | Article | Mandatory sentencing |
| Rape by drugging | Miss. Code Ann. § 97-3-65(4) | Life or any other term |
| Rape or Assault with Intent to Ravish | Miss. Code Ann. § 97-3-71 | Life or any other term |
| Sexual Battery | Miss. Code Ann. § 97-3-95 | Up to 20 years |
| Statutory Rape | Miss. Code Ann. § 97-3-65 | Life or any other term |
| Unnatural Intercourse | Miss. Code Ann. § 97-29-59 | Up to 10 years |

### Missouri

In Missouri, both rape and statutory rape, along with sodomy, are divided into two degrees.
| Offense | Article | Mandatory sentencing |
| First Degree Rape | Mo. Rev. Stat. § 566.030 | Life or any term not less than 5 years |
| Second Degree Rape | Mo. Rev. Stat. § 566.031 | Up to 7 years |
| Statutory Rape in the First Degree | Mo. Rev. Stat. § 566.032 | Life or any sentence not less than 5 years |
| Statutory Rape in the Second Degree | Mo. Rev. Stat. § 566.034 | Up to 7 years |
| Sodomy in the First Degree | Mo. Rev. Stat. § 566.060 | Life or any term not less than 5 years |
| Sodomy in the Second Degree | Mo. Rev. Stat. § 566.061 | Up to 7 years |

### Montana

In Montana rape is denominated Sexual Intercourse Without Consent.
| 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 or Life without parole (eligible for parole after 30 years if the defendant was under 18) |

### Nebraska

In Nebraska the first degrees of several sex offenses cover cases of rape.
| Offense | Article | Mandatory sentencing |
| Sexual Assault in the First Degree | R.R.S. Neb. § 28-319 | Between 1 and 50 years |
| Sexual Assault of a Child in the First Degree | R.S.S. Neb. § 28-319.01 | Life or any term not less than 20 years |
| Sexual Assault of an Inmate or Parolee in the First Degree | R.R.S. Neb. § 28-322 | Up to 20 years |

### Nevada

In Nevada, the offense of rape is denominated Sexual Assault.
| Offense | Article | Mandatory sentencing |
| Sexual Assault | Nev. Rev. Stat. Ann. § 200.366 | Life with a minimum of 10 years |
| Sexual Assault causing substantial bodily harm | Nev. Rev. Stat. Ann. § 200.366(2)(a) | Life without parole or life with a minimum of 15 years (only an option if the defendant was a juvenile) |
| Sexual Assault when the victim is under the age of 16 | Nev. Rev. Stat. Ann. § 200.366(3)(a) | Life with a minimum of 25 years |
| Sexual Assault causing substantial bodily harm when the victim is under the age of 16 | Nev. Rev. Stat. Ann. § 200.366(3)(b) | Life without parole (eligible for parole after 35 years if the defendant was under 18) |
| Sexual Assault when the victim is under the age of 14 | Nev. Rev. Stat. Ann. § 200.366(3)(c) | Life with a minimum of 35 years |
| Statutory Sexual Seduction when offender above 21 | Nev. Rev. Stat. Ann. § 200.368(1) | Between 1 and 10 years |
| Statutory Sexual Seduction when offender under 21 | Nev. Rev. Stat. Ann. § 200.368(2) | Up to 364 days |

### New Hampshire

In New Hampshire, rape is denominated Sexual Assault.
| Offense | Article | Mandatory sentencing |
| Aggravated Felonious Sexual Assault | RSA 632-A:2 | Between 10 and 20 years |
| Felonious Sexual Assault | RSA 632-A:3 | Between 1 and 7 years |
| Sexual Assault | RSA 632-A:4 | Up to 1 year |

### New Jersey

In New Jersey, rape is covered as Aggravated Sexual Assault in the First Degree.
| 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.
| Offense | Article | Mandatory sentencing |
| Criminal Sexual Penetration in the First Degree | N.M. Stat. Ann. § 30-9-11(D) | 18 years |
| Criminal Sexual Penetration in the Second Degree | N.M. Stat. Ann. § 30-9-11(E) | 15 years |
| Criminal Sexual Penetration in the Third Degree | N.M. Stat. Ann. § 30-9-11(F) | 3 years |
| Criminal Sexual Penetration in the Fourth Degree | N.M. Stat. Ann. § 30-9-11(G) | 18 months |

### New York

In New York the crime of rape and Criminal Sexual Act are divided in three degrees; moreover, the offense of "Sexual Misconduct" describes any sexual act done without the victim's consent.
| Offense | Article | Mandatory sentencing |
| Sexual Misconduct | N.Y. Penal Law § 130.20 | Up to 364 days |
| Rape in the Third Degree | N.Y. Penal Law § 130.25 | Up to 4 years |
| Rape in the Second Degree | N.Y. Penal Law § 130.30 | Between 2 and 7 years |
| Rape in the First Degree | N.Y. Penal Law § 130.35 | Between 5 and 25 years |
| Criminal Sexual Act in the Third Degree | N.Y. Penal Law § 130.40 | Up to 4 years |
| Criminal Sexual Act in the Second Degree | N.Y. Penal Law § 130.45 | Between 2 and 7 years |
| Criminal Sexual Act in the First Degree | N.Y. Penal Law § 130.50 | Between 5 and 25 years |
| Aggravated Sexual Abuse in the Fourth Degree | N.Y. Penal Law § 130.65-a | Up to 4 years |
| Aggravated Sexual Abuse in the Third Degree | N.Y. Penal Law § 130.66 | Between 2 and 7 years |
| Aggravated Sexual Abuse in the Second Degree | N.Y. Penal Law § 130.67 | Between 3.5 and 15 years |
| Aggravated Sexual Abuse in the First Degree | N.Y. Penal Law § 130.70 | Between 5 and 15 years |
Sexual offenses are defined as 'sexual [acts] committed without consent of the victim'. Lack of consent results from 4 possible causes: forcible compulsion, incapacity to consent, the victim not expressly or implicitly acquiescing (in sexual abuse and forcible touching cases), or expression of lack of consent (in sexual intercourse and sexual oral or anal conduct cases). Consent itself is not defined; Section 130.5 of the New York Penal Law only stipulates that a person who doesn't want to have sex needs to be clear enough in their words and acts, so that 'a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances'. This description doesn't make clear whether affirmative consent is required to have sex (or conversely, whether a lack of affirmative consent can result in a sexual offense), but both Section 130.25 Rape in the third degree (3) and Section 130.40 Criminal sexual act in the third degree (3) do provide this possibility in the form of catch-all clauses by stating that, whenever there is a 'lack of consent (...) by reason of some factor other than incapacity to consent', this is sufficient for the sexual act to amount to a crime.

### North Carolina

In North Carolina, the offenses of Rape and Sexual Offense cover cases of forced penetration.
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.
| 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 (LWP and 12 years are only options if the defendant was under 18) |
| 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 (LWP and 25 years are only options if the defendant was under 18) 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 (LWP and 25 years are only options if the defendant was under 18) 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 (LWP and 12 years are only options if the defendant was under 18) |
| 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 (LWP and 12 years are only options if the defendant was under 18) |
| 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 (LWP and 25 years are only options if the defendant was under 18) 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 (LWP and 25 years are only options if the defendant was under 18) 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 (LWP and 12 years are only options if the defendant was under 18) |

### North Dakota

In North Dakota, rape is defined as Gross Sexual Imposition, although several other crimes describe cases of statutory rape.
| Offense | Article | Mandatory sentencing |
| Gross Sexual Imposition when author at least 22 or when the victim suffered serious bodily injury | N.D. Cent. Code Ann. § 12.1-20-03(3)(a) | Life without parole, life or prison term at least 20 years followed with probation (only an option if the defendant was under 18) |
| Gross Sexual Imposition | N.D. Cent. Code Ann. § 12.1-20-03(3)(b) | Up to 20 years |
| Gross Sexual Imposition causing death | N.D. Cent. Code Ann. § 12.1-20-03(4) | Life without parole (eligible for parole after 30 years if defendant was under 18) |
| Continuous Sexual Abuse of a Child when author above 22 | N.D. Cent. Code Ann. § 12.1-20-03.1 | Life without parole or any other term (only an option if the defendant was under 18) |
| Continuous Sexual Abuse of a Child when author below 22 | N.D. Cent. Code Ann. § 12.1-20-03.1 | Up to 20 years |
| Sexual Imposition | N.D. Cent. Code Ann. § 12.1-20-04 | Up to 10 years |
| Corruption or Solicitation of Minors when victim above 15 | N.D. Cent. Code Ann. § 12.1-20-05(1) | Up to 1 year |
| Corruption or Solicitation of Minors | N.D. Cent. Code Ann. § 12.1-20-05(2) | Up to 5 years |
| Corruption or Solicitation of Minors when victim above 15 within 50 feet (15.24 meters) of a school | N.D. Cent. Code Ann. § 12.1-20-05(3) | Up to 5 years |
| Corruption or Solicitation of Minors within 50 feet (15.24 meters) of a school | N.D. Cent. Code Ann. § 12.1-20-05(3) | Up to 10 years |
| Sexual Abuse of Wards | N.D. Cent. Code Ann. § 12.1-20-06 | Up to 5 years |

### Ohio

In Ohio, the offenses of Rape and Sexual Battery are relevant to this article.
| Offense | Article | Mandatory sentencing |
| Rape | Ohio Rev. Code Ann. § 2907.02 | Between 3 and 11 years |
| Rape when victim drugged (after March 22, 2019) | Ohio Rev. Code Ann. § 2907.02(A)(1)(a) | Between 5 and 11 years |
| Rape when victim is under the age of 13 | Ohio Rev. Code Ann. § 2907.02(A)(1)(b) | Life with parole eligibility after 10 years |
| Rape when the victim is under the age 10 | Ohio Rev. Code Ann. § 2907.02(A)(1)(b) | Life with parole eligibility after 15 years |
| Rape if the victim was under the age of 13 and the offender caused serious physical harm; or if the victim was age of 13 and the offender used force or a threat of force | Ohio Rev. Code Ann. § 2907.02(A)(1)(b) | Life with parole eligibility after 25 years or life without parole |
| Sexual Battery | Ohio Rev. Code Ann. § 2907.03 | Between 9 months and 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.
| Offense | Article | Mandatory sentencing |
| Rape in the First Degree | Okla. Stat. Ann. tit. 21, §§ 1114, 1112 | Death (if the offense resulted in the fatality), Life without parole, life with parole, or any other term not less than 5 years |
| Rape in the First Degree with priors | Okla. Stat. Ann. tit. 21, §§ 1114, 1112 | Life without parole or life with parole |
| Rape in the First Degree on victim under 14 after having been previously convicted for sex offenses against children | Okla. Stat. Ann. tit. 21, §§ 1114, 1112 | Death or life imprisonment |
| Okla. Stat. Ann. tit. 21, § 1114; 1112 | Okla. Stat. Ann. tit. 21, §§ 1114; 1112 | Between 1 and 15 years |
| Forcible Sodomy | Okla. Stat. Ann. tit. 21, § 888 | Up to 20 years |
| Forcible Sodomy with two priors of sex offenses | Okla. Stat. Ann. tit. 21, § 888 | Life without parole or life with parole |
| Forcible Sodomy of victim under 14 after having been previously convicted for sex offenses against children | Okla. Stat. Ann. tit. 21, § 888 | Death or life imprisonment |

### Oregon

In Oregon, both rape and sodomy are divided in three degrees, and the crime of Unlawful Sexual Penetration is divided in two degrees.
| Offense | Article | Mandatory sentencing |
| Rape in the Third Degree | Or. Rev. Stat. § 163.355 | Up to 5 years |
| Rape in the Second Degree | Or. Rev. Stat. § 163.365 | Between 6 years and 3 months to 10 years |
| Rape in the First Degree | Or. Rev. Stat. § 163.375 | Between 8 years and 4 months to 20 years |
| Sodomy in the Third Degree | Or. Rev. Stat. § 163.385 | Up to 5 years |
| Sodomy in the Second Degree | Or. Rev. Stat. § 163.395 | Between 6 years and 3 months to 10 years |
| Sodomy in the First Degree | Or. Rev. Stat. § 163.405 | Between 8 years and 4 months to 20 years |
| Unlawful Sexual Penetration in the Second Degree | Or. Rev. Stat. § 163.408 | Between 6 years and 3 months to 10 years |
| Unlawful Sexual Penetration in the First Degree | Or. Rev. Stat. § 163.411 | Between 8 years and 4 months to 20 years |

### Pennsylvania

In Pennsylvania, the offenses of rape, involuntary deviate sexual intercourse and sexual assault cover what could be commonly called rape.
| Offense | Article | Mandatory sentence |
| Rape | 18 Pa. Cons. Stat. § 3121 | Up to 20 years |
| Rape of a child less than 13 | 18 Pa. Cons. Stat. § 3121(c) | Up to 40 years |
| Rape of a child less than 13 with serious bodily injury | 18 Pa. Cons. Stat. § 3121(d) | Life without parole ((eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons or any other term |
| Involuntary Deviate Sexual Intercourse | 18 Pa. Cons. Stat. § 3123 | Up to 20 years |
| Involuntary Deviate Sexual Intercourse of a child less than 13 | 18 Pa. Cons. Stat. § 3123(c) | Up to 40 years |
| Involuntary Deviate Sexual Intercourse of a child less than 13 with serious bodily injury | 18 Pa. Cons. Stat. § 3123(d) | Life without parole (eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons) or any other term |
| Statutory Sexual Assault in the Second Degree | 18 Pa. Cons. Stat. § 3122.1(a) | Up to 10 years |
| Statutory Sexual Assault in the First Degree | 18 Pa. Cons. Stat. § 3122.1(b) | Up to 20 years |
| Institutional Sexual Assault Sexual Assault by Sports Official, Volunteer, or Employee of Nonprofit Association | 18 Pa. Cons. Stat. § 3124.2 | Up to 7 years |
| Aggravated Indecent Assault | 18 Pa. Cons. Stat. § 3125(a) | Up to 10 years |
| Aggravated Indecent Assault of a Child under 13 | 18 Pa. Cons. Stat. § 3125(b) | Up to 20 years |
In the Pennsylvania Consolidated Statutes, 'Section 3107. Resistance not required' stipulates that 'the alleged victim need not resist the actor in prosecutions under this chapter'. The Statutes do not define consent, but if an actor engages in sexual intercourse or deviate sexual intercourse, or aggravated indecent assault, with a complainant without the latter's consent, this makes the actor punishable under 'Section 3124.1. Sexual assault', or 'Section 3125. Aggravated indecent assault', respectively. Furthermore, mental disability can render a person incapable of consenting to sexual intercourse, deviate sexual intercourse, or aggravated indecent assault, thus making an actor who engages in these acts with a mentally disabled complainant punishable under 'Section 3121. Rape', 'Section 3123. Involuntary deviate sexual intercourse', or 'Section 3125. Aggravated indecent assault', respectively.

### Rhode Island

In Rhode Island, the three degrees of Sexual Assault and the first degree of Child Molestation Sexual Assault are relevant to this article.
| Offense | Article | Mandatory sentence |
| Sexual Assault in the First Degree | R.I. Gen. Laws § 11-37-2 | Life imprisonment or any term not less than 10 years |
| Sexual Assault in the Second Degree | R.I. Gen. Laws § 11-37-4 | Between 3 and 15 years |
| Sexual Assault in the Third Degree | R.I. Gen. Laws § 11-37-6 | Up to 5 years |
| First Degree Child Molestation Sexual Assault | R.I. Gen. Laws § 11-37-8.1 | Life imprisonment or any term not less than 25 years |

### South Carolina

South Carolina divides "criminal sexual conduct" in three degrees, along two categories of teacher-student sex and a special crime for spousal rape.
| Offense | Article | Mandatory sentencing |
| Spousal Sexual Battery | S.C. Code Ann. § 16-3-615 | Up to 10 years |
| Criminal Sexual Conduct in the First Degree | S.C. Code Ann. § 16-3-652 | Up to 30 years |
| Criminal Sexual Conduct in the Second Degree | S.C. Code Ann. § 16-3-653 | Up to 20 years |
| Criminal Sexual Conduct in the Third Degree | S.C. Code Ann. § 16-3-654 | Up to 10 years |
| Felony Sexual Battery with a Student | S.C. Code Ann. §§ 16-3-755(B), 16-3-755(D) | Up to 5 years |
| Misdemeanor Sexual Battery with a Student | S.C. Code Ann. § 16-3-755(C) | Up to 30 days |

### South Dakota

In South Dakota, there are four degrees to the crime of rape.
| Offense | Article | Mandatory sentencing |
| Rape in the First Degree | S.D. Codified Laws § 22-22-1(1) | Life or any term not less than 15 years |
| Rape in the Second Degree | S.D. Codified Laws § 22-22-1(2) | Up to 50 years |
| Rape in the Third Degree | S.D. Codified Laws § 22-22-1(3) & (4) | Up to 25 years |
| Rape in the Fourth Degree | S.D. Codified Laws § 22-22-1(5) | Up to 15 years |

### Tennessee

In Tennessee the law distinguishes between Rape and Aggravated Rape, along with some dispositions on statutory rape.
| Offense | Article | Mandatory sentencing |
| Aggravated Rape of a Child | Tenn. Code Ann. § 39-13-531 (a) | Life without parole (after July 1, 2019) |
| Child Rape | Tenn. Code Ann. § 39-13-531 (b) | Between 25 and 60 years |
| Aggravated Rape | Tenn. Code Ann. § 39-13-502 | Between 15 and 60 years |
| Rape | Tenn. Code Ann. § 39-13-503 | Between 8 and 30 years |

### Texas

In Texas, rape is described as Sexual Assault.
| Offense | Article | Mandatory sentencing |
| Sexual Assault | Tex. Penal Code Ann. § 22.011 | Between 2 and 20 years |
| Aggravated Sexual Assault | Tex. Penal Code Ann. § 22.021 | Between 5 and 99 years |
| Cont. Sexual Abuse of Young Children | Tex. Penal Code Ann. § 21.02 | Between 25 and 99 years no parole |
Section 22.011 (a) defines sexual assault as an actor performing various forms of sexual penetration of another person's body without that person's consent. Section 22.011 (b) implies that a person's consent is always present, except in 12 specified circumstances that render a person incapable of consenting, such as being forced or coerced with violence or threats by the actor (possibly because of the unequal power balance between the actor and the other person), unconscious or 'physically unable to resist', or having a 'mental disease or defect'. Although Subsection (b)(3) and (4) could be interpreted as requiring the other person to resist the sexual assault, in the 2016 Orgain v. State case the Second District Court of Appeals ruled that sexual assault is defined by the attacker's use of force or coercion, not by the victim's resistance. Texas sexual assault law is therefore coercion-based: the actor requires no freely given consent or affirmative consent from the other person, and the other person cannot freely revoke their implied permanent consent, unless they can satisfy one of the 12 specified circumstances. In other words: if the other person claims not to have wanted to have sex with the actor, but cannot be demonstrated to have been incapable of consenting, and the actor cannot be demonstrated to have used some kind of force or coercion, it is not sexual assault under Texas state law.

### Utah

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

### Vermont

In Vermont, rape is denominated Sexual Assault.
| Offense | Article | Mandatory sentencing |
| Sexual Assault | 13 V.S.A. §§ 3252 & 3254 | Life or any term not less than 3 years |
| Aggravated Sexual Assault | 13 V.S.A. § 3253 | Life or any term not less than 10 years |
| Aggravated Sexual Assault of a Child | 13 V.S.A. § 3253(a) | Life or any term not less than 25 years |
| Sexual Exploitation of an Inmate | 13 V.S.A. § 3257 | Up to 5 years |
| Sexual Exploitation of a Minor | 13 V.S.A. § 3258 | Up to 1 year |

### Virginia

In Virginia, there is a single offense of Rape along with Forcible Sodomy and various forms of Carnal Knowledge.
| Offense | Article | Mandatory sentencing |
| Rape | Va. Code Ann. § 18.2-61 | Life or any term not less than 5 years |
| Carnal Knowledge of a Child Between 13 and 15 Years of Age | Va. Code Ann. § 18.2-63 | Variable |
| Carnal Knowledge of an Inmate, Parolee, Probationer | Va. Code Ann. § 18.2-64.2 | Variable |
| Forcible Sodomy | Va. Code Ann. § 18.2-67.1 | Life or any term not less than 5 years |

### Washington

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

### West Virginia

In West Virginia, the offense of rape, denominated as "Sexual Assault" and "Sexual Abuse" both divided in three degrees.
| Offense | Article | Mandatory sentencing |
| Sexual Assault in the First Degree | W. Va. Code § 61-8B-3 | From 15 years to 35 years |
| Sexual Assault in the Second Degree | W. Va. Code § 61-8B-4 | From 10 years to 25 years |
| Sexual Assault in the Third Degree | W. Va. Code § 61-8B-5 | From 1 year to 5 years |
| Sexual Abuse in the First Degree | W. Va. Code § 61-8B-7 | From 1 years to 5 years |
| Sexual Abuse in the Second Degree | W. Va. Code § 61-8B-8 | Maximum of 12 months |
| Sexual Abuse in the Third Degree | W. Va. Code § 61-8B-9 | Maximum of 90 days |

### Wisconsin

In Wisconsin, main sex offenses, denominated Sexual Assault, are divided in four degrees, and the three first degrees cover cases of penetration.
Additional offenses cover cases of sexual exploitation on vulnerable persons.
| Offense | Article | Mandatory sentencing |
| Sexual Assault in the First Degree | Wis. Stat. § 940.225(1) | Up to 60 years |
| Sexual Assault in the Second Degree | Wis. Stat. § 940.225(2) | Up to 40 years |
| Sexual Assault in the Third Degree | Wis. Stat. § 940.225(3) | Up to 10 years |
| Sexual Assault of a Child in the First Degree | Wis. Stat. § 948.02 | Vary |
| Sexual Assault of a Child in the Second Degree | Wis. Stat. § 948.02 | Up to 40 years |
| Sexual Assault of a Child Placed in Substitute Care | Wis. Stat. § 948.085 | Up to 40 years |
| Sexual Assault of a Child by a School Staff Person or Person Who Works or Volunteers with Children | Wis. Stat. § 948.095 | Up to 6 years |
| Sexual Intercourse with a Child Age 16 or Older | Wis. Stat. § 948.09 | Up to 9 months |

### Wyoming

In Wyoming, rape, denominated there Sexual Assault, is divided in three degrees, and statutory rape, denominated Sexual Abuse of a Minor, is divided in four degrees, the three first involving penetration.
| Offense | Article | Mandatory sentencing |
| Sexual Assault in the First Degree | Wyo. Stat. Ann. § 6-2-302 | From 5 to 50 years |
| Sexual Assault in the Second Degree | Wyo. Stat. Ann. § 6-2-303 | From 2 to 20 years |
| Sexual Assault in the Third Degree | Wyo. Stat. Ann. § 6-2-304 | Up to 10 years |
| Sexual abuse of a minor in the first degree | Wyo. Stat. Ann. §§ 6-2-314 | Up to 50 years |
| Sexual abuse of a minor in the second degree | Wyo. Stat. Ann. §§ 6-2-315 | Up to 20 years |
| Sexual abuse of a minor in the third degree | Wyo. Stat. Ann. §§ 6-2-316 | Up to 15 years |

## Territory
### American Samoa

The laws of American Samoa distinguished between rape, sexual assault, sodomy and deviate sexual assault.
| Offense | Article | Mandatory sentencing |
| Rape | A.S.C.A. 46.3604 | 5 to 15 years |
| Sexual assault | A.S.C.A. 46.3610 | Up to 7 years |
| Sodomy | A.S.C.A. 46.3611 | 5 to 15 years |
| Deviate sexual assault | A.S.C.A. 46.3612 | Up to 7 years |

### Guam

In Guam, the law distinguishes between four degrees of criminal sexual conduct, the three first involving penetration.
| Offense | Article | Mandatory sentencing |
| First Degree Criminal Sexual Conduct | 9 GCA Ch. 25, §25.15 | Life without parole, life with parole or at least 15 years |
| Second Degree Criminal Sexual Conduct | 9 GCA Ch. 25, §25.20 | 5 to 20 years |
| Third Degree Criminal Sexual Conduct | 9 GCA Ch. 25, §25.25 | 3 to 10 years |

### Northern Mariana Islands

In the Commonwealth of the Northern Mariana Islands, the offense of Sexual assault is divided in four degrees, of which the three first involve penetration.
| Offense | Article | Mandatory sentencing |
| Sexual Assault in the First Degree | 6 CMC §1301 | 30 years or less |
| Sexual Assault in the Second Degree | 6 CMC §1302 | 2 to 15 years |
| Sexual Assault in the Third Degree | 6 CMC §1303 | 1 to 5 years |

### Puerto Rico

In Puerto Rico, there is only the crime of Sexual Assault (Agresión sexual)
| Offense | Article | Mandatory sentencing |
| Sexual Assault (Agresión sexual) | 33 L.P.R.A. § 5191 | 50 years or less |

### Virgin Islands

In the American Virgin Islands, the offense of rape is divided in three degrees, and a separate offense of Aggravated rape is further divided in two degrees.
| Offense | Article | Mandatory sentencing |
| Aggravated Rape in the First Degree | 14 V.I.C. §1700 | Life or sentence of 15 years at least |
| Aggravated Rape in the Second Degree | 14 V.I.C. §1700a | Life or sentence of 10 years at least |
| Rape in the First Degree | 14 V.I.C. §1701 | 10 to 30 years |
| Rape in the Second Degree | 14 V.I.C. §1702 | 10 years or less |
| Rape in the Third Degree | 14 V.I.C. §1703 | N/A |