Because of the above three quoted statutes which are controlling on this issue, sometimes the older person will be guilty of a Class B1 felony, and on other occasions will be guilty of a Class C felony. More on that later. First, a brief mention of the crimes of rape and sexual act .
Rape is forcible and nonconsentual vaginal intercourse.
This is a B1 felony. This is also a B1 felony. Notice now that when the victim is older than twelve the person must be greater than six years older for the charge to be punished as a B1 felony. This is a class C felony. Here the punishment for the crime is less, though still severe, because the age difference is less than six years.