Rape laws in the United States
Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:
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 | Life without parole or any other term |
| Aggravated sexual abuse by other means | 18 U.S. Code § 2241 | Life without parole or any other term |
| Aggravated sexual abuse with children | 18 U.S. Code § 2241 | Life imprisonment without parole |
Military
The United States military has an offense of rape and another of sodomy.| Offense | Article | Mandatory sentencing |
| Rape | 10 U.S. Code § 920 - Art. 120 | "as a court-martial may direct" |
| Forcible Sodomy | 10 U.S. Code § 925 - Art. 125 | 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 | 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 imprisonment without parole |
| 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 |
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. Other states do not recognize this as a crime; their laws stipulate that the perpetrator must have used some kind of force or coercion in order for such nonconsensual penetrative sex to amount to a crime. Similarly, some states recognize non-penetrative sex acts 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
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 |
| 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 | Between 5 and 20 years |
| Sexual assault in the second degree when victim under 14 and not married to the offender | §5-14-125 | 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 | 6 years or less |
California
separates rape, sodomy and rape by instrumentation.| Offense | Article | Mandatory sentencing |
| Rape | Cal. Penal Code §261, Cal. Penal Code §264 | 3, 6 or 8 years |
| Rape when victim under 14 | Cal. Penal Code §261, Cal. Penal Code §264 | 9, 11 or 13 years |
| Rape when victim between 14 and 18 | Cal. Penal Code §261, Cal. Penal Code §264 | 7, 9 or 11 years |
| Rape of a spouse | Cal. Penal Code §262, Cal. Penal Code §264 | 3, 6 or 8 years |
| Rape of a spouse when victim under 14 | Cal. Penal Code §262, Cal. Penal Code §264 | 9, 11 or 13 years |
| Rape of a spouse when victim between 14 and 18 | Cal. Penal Code §262, Cal. Penal Code §264 | 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 |
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 | 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 | 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 | 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 | 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 victim below 12.| Offense | Article | Mandatory sentencing |
| Statutory sexual battery | Fla. Stat. § 794.011 | 5 years or less |
| Sexual battery | Fla. Stat. § 794.011, Fla. Stat. § 794.011, Fla. Stat. § 794.011 | 15 years or less |
| Aggravated sexual battery | Fla. Stat. § 794.011, Fla. Stat. § 794.011, Fla. Stat. § 794.011 | LWOP |
| Capital sexual battery | Fla. Stat. § 794.011 | Death or LWOP |
| Sodomy | Fla. Stat. § 800.02 | 60 days or less |
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 less than 25 followed by life probation |
| Aggravated sodomy | Ga. Code Ann. § 16-6-2 | 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.| 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.| 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.| 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 |
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 | Between 20 and 40 years |
| Child Seduction with sexual intercourse | Ind. Code § 35-42-4-7 | 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 |
| 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 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 | 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
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 |
| First Degree Rape on child under 13 | LA. REV. STAT. ANN. § 14:42 D. | Death 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."| 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 |
| 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 | 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- | 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 | Life or more 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 lesser term |
| 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 | 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.| Offense | Article | Mandatory sentencing |
| Crime against nature | 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 is divided into five degrees, of whose the first three cover rape.| 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.| Offense | Article | Mandatory sentencing |
| Rape by drugging | Miss. Code Ann. § 97-3-65 | 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 |
| Statutory Rape | Miss. Code Ann. § 97-3-65 | Life or any term |
| Unnatural Intercourse | Miss. Code Ann. § 97-29-59 | 10 years or less |
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 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.| 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 | Death or LWOP |
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 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.| 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 | LWOP or lifewith a minimum of 10 years |
| Statutory Sexual Seduction when offender above 21 | Nev. Rev. Stat. Ann. § 200.368 | Between 1 and 10 years |
| Statutory Sexual Seduction when offender under 21 | Nev. Rev. Stat. Ann. § 200.368 | 1 year and less |
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 | 1 year and less |
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 | 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 | 18 years |
| Criminal Sexual Penetration in the Second Degree | N.M. Stat. Ann. § 30-9-11 | 15 years |
| Criminal Sexual Penetration in the Third Degree | N.M. Stat. Ann. § 30-9-11 | 3 years |
| Criminal Sexual Penetration in the Fourth Degree | N.M. Stat. Ann. § 30-9-11 | 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 | 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.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 |
| 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.| 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 | LWOP, life or prison term at least 20 years followed with probation |
| Gross Sexual Imposition | N.D. Cent. Code Ann. § 12.1-20-03 | 20 years or less |
| Gross Sexual Imposition causing death | N.D. Cent. Code Ann. § 12.1-20-03 | 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 year or less |
| Corruption or Solicitation of Minors | N.D. Cent. Code Ann. § 12.1-20-05 | 5 years or less |
| Corruption or Solicitation of Minors when victim above 15 within 50 feet of a school | N.D. Cent. Code Ann. § 12.1-20-05 | 5 years or less |
| Corruption or Solicitation of Minors within 50 feet of a school | N.D. Cent. Code Ann. § 12.1-20-05 | 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.| 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 | Between 5 and 11 years |
| Rape of victim under 13 | Ohio Rev. Code Ann. § 2907.02 | Life |
| Rape of victim under 13 when offender under 16 | Ohio Rev. Code Ann. § 2907.02 | 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 | 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
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, 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 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 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 | 5 years or less |
| 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 | 5 years or less |
| 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 | 20 years or less |
| Rape of a child less than 13 | 18 Pa. Cons. Stat. § 3121 | 40 years or less |
| Rape of a child less than 13 with serious bodily injury | 18 Pa. Cons. Stat. § 3121 | Life with parole or any lesser term |
| Involuntary Deviate Sexual Intercourse | 18 Pa. Cons. Stat. § 3123 | 20 years or less |
| Involuntary Deviate Sexual Intercourse of a child less than 13 | 18 Pa. Cons. Stat. § 3123 | 40 years or less |
| Involuntary Deviate Sexual Intercourse of a child less than 13 with serious bodily injury | 18 Pa. Cons. Stat. § 3123 | Life with parole or any lesser term |
| Statutory Sexual Assault in the Second Degree | 18 Pa. Cons. Stat. § 3122.1 | 10 years or less |
| Statutory Sexual Assault in the First Degree | 18 Pa. Cons. Stat. § 3122.1 | 20 years or less |
| Institutional Sexual Assault Sexual Assault by Sports Official, Volunteer, or Employee of Nonprofit Association | 18 Pa. Cons. Stat. § 3124.2 | 7 years or less |
| Aggravated Indecent Assault | 18 Pa. Cons. Stat. § 3125 | 10 years or less |
| Aggravated Indecent Assault of a Child under 13 | 18 Pa. Cons. Stat. § 3125 | 20 years or less |
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 at least 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 | 5 years or less |
| First Degree Child Molestation Sexual Assault | R.I. Gen. Laws § 11-37-8.1 | Life imprisonment or at least 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 | 10 years or less |
| Criminal Sexual Conduct in the First Degree | S.C. Code Ann. § 16-3-652 | 30 years or less |
| Criminal Sexual Conduct in the Second Degree | S.C. Code Ann. § 16-3-653 | 20 years or less |
| Criminal Sexual Conduct in the Third Degree | S.C. Code Ann. § 16-3-654 | 10 years or less |
| Felony Sexual Battery with a Student | S.C. Code Ann. §§ 16-3-755, 16-3-755 | 5 years or less |
| Misdemeanor Sexual Battery with a Student | S.C. Code Ann. § 16-3-755 | 30 days or less |
South Dakota
In South Dakota, there is four degrees to the crime of rape.| Offense | Article | Mandatory sentencing |
| Rape in the First Degree | S.D. Codified Laws § 22-22-1 | Life or at least 15 years |
| Rape in the Second Degree | S.D. Codified Laws § 22-22-1 | 50 years or less |
| Rape in the Third Degree | S.D. Codified Laws § 22-22-1 & | 25 years or less |
| Rape in the Fourth Degree | S.D. Codified Laws § 22-22-1 | 15 years or less |
Tennessee
In Tennessee the law distinguishes between Rape and Aggravated Rape, along with some dispositions on statutory rape.| Offense | Article | Mandatory sentencing |
| 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 to 20 years |
| Aggravated Sexual Assault | Tex. Penal Code Ann. § 22.021 | Between 5 to 99 years |
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 | 5 years or less |
| Unlawful Sexual Conduct with a 16-or-17-Year-Old | Utah Code Ann. § 76-5-401.2 | 5 years or less |
| Rape | Utah Code Ann. § 76-5-402 | Life or more 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 more 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 more 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 more than three years |
| Aggravated Sexual Assault | 13 V.S.A. § 3253 | Life or more than 10 years |
| Aggravated Sexual Assault of a Child | 13 V.S.A. § 3253 | Life or more than 25 years |
| Sexual Exploitation of an Inmate | 13 V.S.A. § 3257 | Less than 5 years |
| Sexual Exploitation of a Minor | 13 V.S.A. § 3258 | Less than 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 more than 5 years |
| Carnal Knowledge of a Child Between 13-15 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 more than 5 years |
Washington
In Washington, there is 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 more than 3 years |
| Rape in the Second Degree | Wash. Rev. Code § 9a.44.050 | Life or any lesser sentence |
| Rape in the Third Degree | Wash. Rev. Code. § 9A.44.060 | 5 years or less |
| Rape of a Child in the First Degree | Wash. Rev. Code. § 9A.44.073 | Life or any lesser sentence |
| Rape of a Child in the Second Degree | Wash. Rev. Code. § 9A.44.076 | Life or any lesser sentence |
| Rape of a Child in the Third Degree | Wash. Rev. Code. § 9A.44.079 | 5 years or less |
| Sexual Misconduct with a Minor in the First Degree | Wash. Rev. Code. § 9A.44.093 | 5 years or less |
| Sexual Misconduct with a Minor in the Second Degree | Wash. Rev. Code. § 9A.44.096 | 364 days or less |
West Virginia
In West Virginia, the offense of rape, denominated as "Sexual Assault," is 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 |
| Sexual Assault in the Third Degree | W. Va. Code § 61-8B-5 | From 1 year to 5 |
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 | 60 years or less |
| Sexual Assault in the Second Degree | Wis. Stat. § 940.225 | 40 years or less |
| Sexual Assault in the Third Degree | Wis. Stat. § 940.225 | 10 years or less |
| 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 | 40 years or less |
| Sexual Assault of a Child Placed in Substitute Care | Wis. Stat. § 948.085 | 40 years or less |
| Sexual Assault of a Child by a School Staff Person or Person Who Works or Volunteers with Children | Wis. Stat. § 948.095 | 6 years or less |
| Sexual Intercourse with a Child Age 16 or Older | Wis. Stat. § 948.09 | 9 months or less |
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 | 10 years or less |
| Sexual abuse of a minor in the first degree | Wyo. Stat. Ann. §§ 6-2-314 | 50 years or less |
| Sexual abuse of a minor in the second degree | Wyo. Stat. Ann. §§ 6-2-315 | 20 years or less |
| Sexual abuse of a minor in the third degree | Wyo. Stat. Ann. §§ 6-2-316 | 15 years or less |
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 | 7 years or less |
| Sodomy | A.S.C.A. 46.3611 | 5 to 15 years |
| Deviate sexual assault | A.S.C.A. 46.3612 | 7 years or less |
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| Offense | Article | Mandatory sentencing |
| Sexual Assault | 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 |