Sexual Assault and Rape Laws by State (2026)
How each state handles sexual assault and rape and the penalties, from each state's code.
| State | Sexual assault and rape |
|---|---|
| Alabama | Alabama's main sexual assault crimes are rape, sodomy and sexual abuse. Rape in the first degree (sexual intercourse by forcible compulsion, with someone incapable of consent because incapacitated, or by a person 16 or older with a child under 12) is a Class A felony (10 to 99 years or life); first-degree sodomy is graded the same way. Rape or sodomy in the first degree of a child under 12 is a capital offense. Sexual abuse in the first degree (sexual contact by forcible compulsion or with an incapacitated person) is a Class C felony, and sexual misconduct (sexual intercourse, sodomy or contact without consent in other circumstances, or with consent obtained by fraud) is a Class A misdemeanor. Second-degree rape and sodomy (age-based offenses with a victim 12 to 15) are Class B felonies; see the age-of-consent page for those age rules. Ala. Code 1975 §§ 13A-6-61, 13A-6-62, 13A-6-63, 13A-6-64, 13A-6-65, 13A-6-66, 13A-5-40(a)(22)-(23); class ranges §§ 13A-5-6, 13A-5-7 |
| Alaska | Alaska calls rape 'sexual assault' and grades it in four degrees. First degree is the most serious; for a first felony offense against a victim 13 or older the presumptive sentence is 20 to 30 years (25 to 35 if the offender had a firearm, used a dangerous instrument or caused serious injury), up to 99 years. Second degree, which includes sexual contact by force or threat, sexual penetration of a person who is incapacitated, mentally incapable or unaware, and other penetration without consent not covered by first degree, is a class B felony with a presumptive 5 to 15 years for a first felony. Third degree, which includes non-consensual sexual contact and sexual penetration of people in official custody by correctional, police or probation staff, is a class C felony with a presumptive 2 to 12 years. Fourth degree (certain sexual contact by custodial staff) is a class A misdemeanor (up to 1 year). Sex with a minor that is not forced is covered on the age-of-consent page. AS 11.41.410, 11.41.420, 11.41.425, 11.41.427, 12.55.125(i); AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Sexual assault (intentionally or knowingly having sexual intercourse or oral sexual contact with someone without consent) is a class 2 felony with its own sentencing range: for a first offense 5.25 years minimum, 7 years presumptive and 14 years maximum, served without probation, suspension or early release. The range goes up by three years if the offender secretly gave the victim a date-rape drug (flunitrazepam, GHB or ketamine), and a sexual assault sentence must run consecutively to any other sexual assault sentence. If the offender intentionally or knowingly caused serious physical injury, the court may impose life with no release for at least 25 years. Sex with a minor is charged under separate statutes; see the age-of-consent page. A.R.S. § 13-1406 |
| Arkansas | Rape (sexual intercourse or deviate sexual activity by forcible compulsion, or with someone who cannot consent because physically helpless, mentally defective or mentally incapacitated) is a Class Y felony: 10 to 40 years or life. Sexual assault in the second degree (sexual contact by forcible compulsion or with someone unable to consent) is a Class B felony (5 to 20 years). Sexual assault in the first degree covers sexual intercourse with a minor by someone in a position of trust or authority, such as a corrections or probation employee, mandated reporter, school employee or caretaker, and is a Class A felony (6 to 30 years). Age-based offenses are covered on the age-of-consent page. Ark. Code Ann. §§ 5-14-103, 5-14-124, 5-14-125; 5-4-401 |
| California | Rape (sexual intercourse without legal consent, including by force, violence, duress, menace or fear, or with a person unable to consent) is punished by 3, 6 or 8 years in state prison; rape by force of a child under 14 is 9, 11 or 13 years, and of a minor 14 or older is 7, 9 or 11 years. Forcible sexual penetration with a foreign object of an adult is a separate crime punishable by 3, 6 or 8 years (Pen. Code 289); forcible sodomy and oral copulation are also separate crimes (Pen. Code 286, 287). Sexual battery (touching an intimate part against someone's will while they are restrained, for sexual purposes) can be charged as a misdemeanor or felony: up to 1 year in county jail and $2,000, or 2, 3 or 4 years and $10,000; the misdemeanor form without restraint is up to 6 months and $2,000. Sex with a minor that is not forcible (unlawful sexual intercourse) is covered on the age-of-consent page. Cal. Pen. Code 261, 264, 286, 287, 289, 243.4; Pen. Code 17, 18, 19, 1170(h) |
| Colorado | Sexual assault (knowingly inflicting sexual intrusion or penetration on a victim who does not consent, cannot understand the conduct, is physically helpless, or in other listed situations such as abuse of custodial authority or a sham medical exam) is a class 4 felony (2 to 6 years presumptive). It is a class 3 felony (4 to 12 years) when the actor uses physical force, threats of death, serious injury or kidnapping, threats of future retaliation, or drugs the victim to cause submission, or when the victim is physically helpless. It is a class 2 felony (8 to 24 years) when the actor is aided by others, the victim suffers serious bodily injury, or the actor is armed with a deadly weapon. Felony sex offenders are sentenced under the Lifetime Supervision Act to an indeterminate prison term of at least the bottom of the presumptive range (or its midpoint for a crime of violence) up to natural life. Age-based offenses are covered on the age-of-consent page. C.R.S. §§ 18-3-402, 18-1.3-1004; 18-1.3-401 |
| Connecticut | Connecticut calls rape 'sexual assault.' First-degree sexual assault (forced intercourse, intercourse with a child under 13 by someone more than two years older, or with a person mentally incapacitated) is a class B felony (1 to 20 years) with a sentence of at least 10 years (part may be suspended); it is a class A felony (10 to 25 years) when force is used on a victim under 16 or the victim is under 13. Aggravated first-degree sexual assault (with a deadly weapon, serious injury or two or more helpers) carries at least 10 years, 5 of them mandatory, and more when the victim is under 16. Second-degree sexual assault (for example a physically helpless victim, or abuse of a position of authority) is a class C felony, or class B if the victim is under 16, with 9 months mandatory. Third-degree (forced sexual contact) is a class D or C felony, and fourth-degree (sexual contact without consent) is a class A misdemeanor, or a class D felony if the victim is under 16. Sex with a 13- to 15-year-old is covered on the age-of-consent page. Conn. Gen. Stat. §§ 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-73a; §§ 53a-35a, 53a-36 |
| Delaware | Delaware calls this rape (penetration or intercourse) and unlawful sexual contact (touching). Rape in the first degree (intercourse with aggravating factors such as injury, a weapon, an accomplice, or a victim under 12 with an adult defendant) is a class A felony (15 years to life), and life without parole is required in listed cases such as serious injury to a victim under 16, three or more victims, or a prior rape conviction. Rape in the second degree (intercourse without consent, or penetration without consent with aggravating factors) is a class B felony with a 10-year minimum. Rape in the third degree is a class B felony and rape in the fourth degree (including penetration without consent) is a class C felony (up to 15 years). Unlawful sexual contact is a class A misdemeanor (third degree, offensive or non-consensual contact), class F felony (second degree) or class D felony (first degree, with injury or a weapon). Sex with a minor is covered on the age-of-consent page. 11 Del. C. §§ 767, 768, 769, 770, 771, 772, 773; § 4205 |
| District of Columbia | D.C. calls rape and sexual assault 'sexual abuse.' First-degree sexual abuse (a sexual act by force, threat of death, injury or kidnapping, or after making the person unconscious or drugging them) is punishable by any term of years up to life. Second-degree (a sexual act by other threats, or with someone the offender knows cannot understand, decline or communicate unwillingness) carries up to 20 years. Sexual contact (touching) under the same circumstances is third-degree (up to 10 years) or fourth-degree (up to 5 years) sexual abuse, and a sexual act or contact the offender should know is without permission is misdemeanor sexual abuse (up to 180 days, or up to 3 years with three or more prior convictions). Listed aggravating factors (such as a victim under 13, serious injury, a weapon or accomplices) raise the maximum to 1.5 times, or life without release for first-degree abuse. Sex with a minor is covered on the age-of-consent page. D.C. Code §§ 22-3002, 22-3003, 22-3004, 22-3005, 22-3006, 22-3020 |
| Florida | Florida calls rape 'sexual battery' (oral, anal or vaginal penetration or union without consent). Sexual battery on an adult without force likely to cause serious injury is a second-degree felony (up to 15 years). It is a first-degree felony (up to 30 years) when the victim is physically helpless, is coerced by threats of serious violence or retaliation, or is drugged without consent, and a life felony when the offender uses or threatens a deadly weapon or uses force likely to cause serious injury. An adult who commits sexual battery on a child under 12 commits a capital felony (death or life). Sexual battery on a 12- to 17-year-old by an adult is at least a first-degree felony. Sex with a 16- or 17-year-old by someone 24 or older is covered on the age-of-consent page. Fla. Stat. § 794.011; §§ 775.082, 775.083 |
| Georgia | Rape in Georgia is penetration of the female sex organ by the male sex organ by force and against the victim's will, or with a girl under 10; marriage is no defense. It is punishable by death, life without parole, life, or a split sentence of at least 25 years in prison followed by lifetime probation. Aggravated sexual battery (penetrating the sexual organ or anus with a foreign object without consent) carries life or a split sentence of at least 25 years followed by lifetime probation. Sexual battery (intentionally touching another person's intimate parts without consent) is a misdemeanor of a high and aggravated nature, and a felony with 1 to 5 years if the victim is under 16 or for a repeat conviction. Sex with a minor (statutory rape) is covered on the age-of-consent page. O.C.G.A. §§ 16-6-1, 16-6-22.1, 16-6-22.2 |
| Hawaii | Hawaii grades sexual assault in four degrees. First degree (sexual penetration by strong compulsion, with a child under 14, with a 14- or 15-year-old by someone at least five years older, or with a person drugged without consent) is a class A felony (20 years). Second degree (penetration by compulsion, with a person mentally incapacitated or physically helpless, or by a jail, detention or law enforcement employee with a person in custody) is a class B felony (10 years). Third degree (sexual contact with a child under 14, sexual contact by strong compulsion, or reckless penetration by compulsion, among others) is a class C felony (5 years). Fourth degree (sexual contact by compulsion, indecent exposure that alarms someone, and similar acts) is a misdemeanor. Sex with a 14- or 15-year-old is covered on the age-of-consent page. Haw. Rev. Stat. §§ 707-730, 707-731, 707-732, 707-733 |
| Idaho | Idaho's main sexual assault crime is rape, defined as penetration with a penis accomplished by force or violence, threats of bodily harm, when the victim is drugged, unconscious, asleep or unable to give legal consent because of mental condition, through deception about identity, or through certain threats; it also covers sex with an under-age victim (see the age-of-consent page). Rape is a felony punished by at least 1 year and up to life in prison. Forcible penetration by use of a foreign object (by force, duress, threats, or when the victim is incapacitated, drugged or unconscious) is a felony punishable by up to life. Sexual battery (unwanted touching of intimate parts) is a misdemeanor (up to 1 year and/or $2,000), and aggravated sexual battery is a felony up to 20 years. Idaho Code §§ 18-6101, 18-6104, 18-6604, 18-924, 18-925 |
| Illinois | Illinois calls rape 'criminal sexual assault': sexual penetration by force or threat of force, when the person knows the victim cannot understand the act or give knowing consent, by a family member with a victim under 18, or by someone 17 or older in a position of trust, authority or supervision over a victim 13 to 17. It is a Class 1 felony (4 to 15 years); a repeat conviction for the force or incapacity forms is a Class X felony with 30 to 60 years, and natural life after a prior aggravated or predatory conviction. Aggravated criminal sexual assault (for example with a weapon, causing bodily harm, endangering life, or during another felony) is a Class X felony (6 to 30 years), with 10, 15, 20 or 25-years-to-life added depending on use of a dangerous weapon or firearm. Sexual touching (sexual conduct) by force or with a victim unable to consent is criminal sexual abuse, a Class 4 felony (1 to 3 years; Class 2 for a repeat), and aggravated criminal sexual abuse is a Class 2 felony (3 to 7 years). Offenses based only on the victim's age are covered on the age-of-consent page. 720 ILCS 5/11-1.20, 5/11-1.30, 5/11-1.50, 5/11-1.60; 730 ILCS 5/5-4.5-25 to -65 |
| Indiana | Rape is knowingly or intentionally having sexual intercourse or other sexual conduct with someone who is compelled by force or threat of force, is unaware it is happening, is so mentally disabled that they cannot consent, or whose physical, verbal or other visible attempts to refuse are disregarded. Rape is a Level 3 felony (3 to 16 years), and a Level 1 felony (20 to 40 years) if committed with deadly force or a deadly weapon, if it causes serious bodily injury, or if the victim was secretly given a drug; the court must also order restitution for pregnancy and childbirth costs if a pregnancy results. Sexual battery (touching for sexual gratification by force, of someone unable to consent, or of intimate areas of someone unaware of it) is a Level 6 felony (6 months to 2 1/2 years), or a Level 4 felony (2 to 12 years) with deadly force, a deadly weapon, or drugging. Offenses based only on the victim's age (sexual misconduct with a minor) are covered on the age-of-consent page. IC 35-42-4-1, 35-42-4-8; IC 35-50-2-4 to -7, 35-50-3-2 to -4 |
| Iowa | Iowa calls rape and sexual assault 'sexual abuse': a sex act done by force or against the person's will (including by threats or while the person is drugged or unconscious), with someone whose mental incapacity prevents consent, or with a child. Third-degree sexual abuse (force or against the will, an incapacitated or helpless victim, or a victim drugged so they cannot consent) is a class C felony (up to 10 years). Second-degree (displaying a dangerous weapon or using force that risks death or serious injury, being aided by others, or a child victim) is a class B felony (up to 25 years). First-degree sexual abuse (causing serious injury) is a class A felony (life without parole). Sex with 14- and 15-year-olds in certain circumstances is covered on the age-of-consent page. Iowa Code §§ 709.1, 709.2, 709.3, 709.4, 902.1, 902.9 (Iowa Code 2026) |
| Kansas | Rape in Kansas is knowingly having sexual intercourse with someone who does not consent because they are overcome by force or fear or are unconscious or physically powerless, or with someone who cannot consent because of a mental condition or the known effect of alcohol or drugs; it is a severity level 1 person felony, the highest level on the nondrug grid (147 to 653 months depending on criminal history). Rape by lying that sex is medically necessary or legally required is a severity level 2 person felony. Aggravated criminal sodomy (other sexual acts under the same non-consent circumstances) is also severity level 1. Aggravated sexual battery (non-consensual sexual touching by force or fear, of an unconscious or incapacitated person) is a severity level 5 person felony, and sexual battery (non-consensual sexual touching of a person 16 or older) is a class A person misdemeanor (up to 1 year). Felony prison ranges come from the sentencing grid, which combines the severity level with criminal history. K.S.A. 21-5503, 21-5504(b)(3), 21-5505, 21-6804 |
| Kentucky | Kentucky grades rape (sexual intercourse) and sodomy (other sexual intercourse) by degree. First-degree rape or sodomy (by forcible compulsion, or with someone physically helpless) is a Class B felony (10 to 20 years), and a Class A felony (20 to 50 years or life) if the victim suffers serious physical injury or is under 12. Second-degree rape (with someone mentally incapacitated or unable to consent because of an intellectual disability) is a Class C felony (5 to 10 years). Sexual abuse (unwanted sexual contact) in the first degree, by forcible compulsion or with someone helpless or incapacitated, is a Class D felony (1 to 5 years); sexual abuse in the third degree (sexual contact without consent) is a Class B misdemeanor (up to 90 days). KRS 510.040, 510.050, 510.070, 510.110, 510.130, 532.060, 532.090 |
| Louisiana | Louisiana calls sexual assault rape (first, second and third degree) and sexual battery. First degree rape (rape by force overcoming resistance, by threat of great bodily harm, while armed, of a victim under 13, of a victim 65 or older, by two or more offenders, among other circumstances) carries life imprisonment at hard labor without parole, probation or suspension of sentence. Second degree rape (for example, rape by force or threats where the victim reasonably believes resistance would not prevent it, or after drugging the victim) carries 5 to 40 years at hard labor without parole, probation or suspension. Third degree rape (for example, when the victim is incapacitated by intoxication or the offender acts without the victim's consent) carries up to 25 years at hard labor without parole, probation or suspension. Sexual battery (intentional sexual touching without consent) carries up to 10 years without parole, probation or suspension, and 25 to 99 years when the victim is under 13 and the offender is 17 or older. Sex with a minor who consents is covered by the carnal knowledge laws (see the age-of-consent page). La. R.S. 14:41, 14:42, 14:42.1, 14:43, 14:43.1 |
| Maine | Maine calls rape gross sexual assault. It is a Class A crime (up to 30 years) when the victim submits because of compulsion (physical force or threat), or when the victim is under 14 (not the actor's spouse); it is Class B (up to 10 years) when the actor drugged the victim, compelled the act by any other threat, or the victim was unconscious, physically unable to resist, or unable to understand the act due to a mental disability; and Class B or C in listed abuse-of-authority situations (for example a parent, a corrections supervisor, a teacher or a therapist). When the victim is under 12, the court must impose a definite prison term with a basic term of at least 20 years, followed by supervised release. Unwanted sexual touching is called unlawful sexual contact, a Class D crime, or Class C if it includes penetration. Sex with a consenting teenager is covered under the age-of-consent page. 17-A M.R.S. §§ 253, 253-A(2), 255-A |
| Maryland | Maryland's sexual assault crimes are rape and sexual offense in degrees. First degree rape (intercourse or a sexual act by force or threat without consent, plus a weapon, serious injury or strangulation, threats of death or kidnapping, help from another person, or during a burglary) carries up to life; it carries life without parole for a repeat offender or when combined with kidnapping a child under 16, and 25 years to life without parole when an adult commits it against a child under 13. Second degree rape (intercourse or a sexual act without consent, with a victim who is cognitively impaired, incapacitated or physically helpless, or with a child under 14 by someone at least 4 years older) carries up to 20 years, or 15 years to life when an adult uses force or incapacity against a child under 13. Third degree sexual offense (forcible sexual touching with aggravating factors, sexual touching of a child under 14, and some acts with 14- or 15-year-olds by adults 21 or older) carries up to 10 years; fourth degree sexual offense (sexual contact without consent) carries up to 1 year and/or $1,000, or up to 3 years with a prior sex-crime conviction. Md. Code, Crim. Law §§ 3-303, 3-304, 3-307, 3-308 |
| Massachusetts | Massachusetts calls forcible sexual assault rape: sexual intercourse compelled by force and against the person's will, or by threat of bodily injury, is punished by up to 20 years in state prison; a second offense, or a rape that causes serious bodily injury, is committed by a joint enterprise, or during listed violent crimes or burglaries, is punishable by life or any term of years. Rape while armed with a firearm carries at least 10 years (at least 15 years for a repeat offense). Sexual touching without consent is indecent assault and battery: on a person 14 or older, up to 5 years in state prison or 2.5 years in a house of correction, and up to 10 years when the victim is elderly or disabled (up to 20 years for a repeat offense). Sex with a consenting minor is covered on the age-of-consent page. G.L. c. 265, §§ 22, 13H |
| Michigan | Michigan calls sexual assault criminal sexual conduct (CSC), in four degrees. First degree CSC (sexual penetration with aggravating circumstances such as a victim under 13, force causing injury, being armed, help from others, or during another felony) is a felony punishable by life or any term of years; when the offender is 17 or older and the victim under 13, the minimum is 25 years, and lifetime electronic monitoring is required. Third degree CSC (penetration by force or coercion, with a victim known to be incapacitated or helpless, or with a 13- to 15-year-old, among other circumstances) is a felony punishable by up to 15 years. Second degree CSC (sexual contact with aggravating circumstances) is a felony punishable by up to 15 years, and fourth degree CSC (sexual contact by force or coercion or with an incapacitated victim, among others) is a misdemeanor punishable by up to 2 years and/or a $500 fine. Sex with a consenting teenager is covered on the age-of-consent page. MCL 750.520b, 750.520c, 750.520d, 750.520e |
| Minnesota | Minnesota calls sexual assault criminal sexual conduct (CSC), in five degrees. First degree CSC (sexual penetration where the victim reasonably fears great bodily harm, the offender is armed, causes injury while using force or coercion, uses force, or has accomplices) carries up to 30 years and/or $40,000, with a presumptive executed sentence of 144 months. Second degree CSC (sexual contact under similar aggravating circumstances) carries up to 25 years and/or $35,000. Third degree CSC (penetration by coercion or force, with a victim known to be impaired, incapacitated or helpless, or in a prohibited occupational relationship) carries up to 15 years and/or $30,000, and fourth degree CSC (sexual contact in those circumstances) up to 10 years and/or $20,000. Fifth degree CSC covers nonconsensual sexual penetration (a felony with up to 2 years and/or $10,000) and nonconsensual sexual contact (a gross misdemeanor, up to 364 days and/or $3,000). Minn. Stat. §§ 609.342, 609.343, 609.344, 609.345, 609.3451 |
| Mississippi | Mississippi's main sexual assault crime is sexual battery: sexual penetration of another person without consent, or of a person who is mentally defective, mentally incapacitated or physically helpless. It carries up to 30 years in prison for a first offense and up to 40 years for a second or later offense. Rape by force or after administering a drug or substance is punishable by life imprisonment if the jury so fixes the sentence, or otherwise by a prison term set by the court, whether or not the offender is married to the victim. Sexual battery and statutory rape of minors based on age are covered on the age-of-consent page. After a conviction the court may issue a criminal sexual assault protection order, and knowingly violating it is a misdemeanor (up to $500, up to six months in county jail, or both). Miss. Code Ann. §§ 97-3-95(1)(a)-(b), 97-3-101(1), (5), 97-3-65(4), (6) |
| Missouri | Missouri's main sexual assault crimes are rape and sodomy. Rape in the first degree (sexual intercourse by forcible compulsion, including drugging the victim, or with a person who is incapacitated or cannot consent) carries life imprisonment or a term of not less than 5 years, at least 15 years if it is an aggravated sexual offense, and life without parole for at least 30 years if the victim is under 12; probation is not allowed. Sodomy in the first degree is punished the same way (at least 10 years if aggravated). Rape in the second degree (intercourse knowing the person did not consent) is a class D felony (up to 7 years). Sexual abuse in the first degree (sexual contact by force or with an incapacitated person) is a class C felony (class B if the victim is under 14 or it is aggravated), and sexual abuse in the second degree (contact without consent) is a class A misdemeanor. Age-based offenses are covered on the age-of-consent page. RSMo §§ 566.030, 566.031, 566.060, 566.100, 566.101 |
| Montana | Montana calls rape 'sexual intercourse without consent': knowingly having sexual intercourse with someone without consent or who cannot consent. It is punishable by life imprisonment or up to 20 years in prison and a fine of up to $50,000; if the offender causes bodily injury the range is 4 to 100 years or life, and in a gang assault each offender faces 5 to 100 years or life. 'Sexual assault' is knowingly subjecting someone to sexual contact without consent: up to 1 year in county jail and $1,000 for a first conviction, up to 5 years for a second and up to 10 years for a third or later, but 4 to 100 years or life if the offender causes bodily injury. Age-based offenses are covered on the age-of-consent page. MCA §§ 45-5-503(1)-(3), 45-5-502(1)-(3) |
| Nebraska | Sexual assault in the first degree (sexual penetration without consent, or of a person the actor knew or should have known could not resist or understand the conduct) is a Class II felony (1 to 50 years); a second conviction carries a mandatory minimum of 25 years. Sexual contact without consent is sexual assault in the second degree, a Class IIA felony (up to 20 years), if the actor caused serious personal injury, and otherwise sexual assault in the third degree, a Class I misdemeanor (up to 1 year). Age-based offenses are covered on the age-of-consent page. Neb. Rev. Stat. §§ 28-319, 28-320 |
| Nevada | Sexual assault (sexual penetration against the victim's will, or when the offender knows or should know the victim cannot resist or understand the conduct) is a category A felony. Without substantial bodily harm, the sentence is life with the possibility of parole after 10 years; if substantial bodily harm results, it is life without parole or life with parole eligibility after 15 years. Age-based offenses such as statutory sexual seduction are covered on the age-of-consent page. NRS 200.366(1)(a), (2) |
| New Hampshire | New Hampshire's most serious sexual assault crime is aggravated felonious sexual assault: sexual penetration through physical force, threats, drugging, surprise, while the victim is helpless or unable to consent because of a disability, when the victim indicates by words or conduct that there is no freely given consent, and in other listed situations. It carries up to 20 years in prison (minimum no more than half the maximum), up to 40 years with one prior conviction, and life without parole with two or more. Sexual contact that causes serious injury under those circumstances is felonious sexual assault, a class B felony (up to 7 years), and other non-consensual sexual contact with a person 13 or older is sexual assault, a class A misdemeanor (up to 1 year). Age-based offenses are covered on the age-of-consent page. RSA 632-A:2, I; 632-A:3, I; 632-A:4, I(a); 632-A:10-a, I-III |
| New Jersey | Rape is called sexual assault in New Jersey. Sexual assault (sexual penetration using coercion or without the victim's affirmative and freely-given permission, without severe injury, and listed abuse-of-authority situations such as a victim on probation or parole or in an institution) is a crime of the second degree (5-10 years, up to $150,000). Aggravated sexual assault (penetration during a robbery, kidnapping or other listed crime, while armed, with help from others, causing severe personal injury, or with a victim the actor knew or should have known was physically helpless or mentally incapacitated) is a crime of the first degree (10-20 years, up to $200,000). Criminal sexual contact (intentional touching of intimate parts in the same circumstances) is a fourth-degree crime (up to 18 months), or third degree (3-5 years) when aggravated. For sex with minors under the age of consent, see the age-of-consent page. N.J.S. 2C:14-2(a), (c); N.J.S. 2C:14-3; N.J.S. 2C:43-3, 2C:43-6 |
| New Mexico | New Mexico calls rape 'criminal sexual penetration' (CSP). First degree CSP (on a child under 13, or by force or coercion causing great bodily harm or great mental anguish) is a first degree felony (basic sentence 18 years); aggravated CSP (on a child under 13 with intent to kill or depraved mind) carries life imprisonment. Second degree CSP (for example by force or coercion causing personal injury, with help from others, while armed, during another felony, or by a jail or prison official on an inmate) is a second degree felony (9 years), and other CSP by force or coercion is third degree (3 years). Unwanted touching of an adult's unclothed intimate parts (criminal sexual contact) is a fourth degree felony (18 months) when it involves force causing injury, help from others, or a weapon, and a misdemeanor otherwise when done by force or coercion. Offenses based only on age are covered on the age-of-consent page. NMSA 1978, 30-9-11, 30-9-12; NMSA 1978, 31-18-15, 31-19-1 |
| New York | New York grades rape in three degrees; since September 2024 rape covers vaginal, oral and anal sexual contact. Rape in the first degree (by forcible compulsion, with someone physically helpless, or with a child under 11, or under 13 by an adult 18 or older) is a class B felony (up to 25 years). Rape in the second degree (an adult with someone under 15, or with someone incapable of consent because of a mental disability or incapacity) is a class D felony (up to 7 years). Rape in the third degree (with someone incapable of consent for reasons other than age, a person under 17 by someone 21 or older, or without consent for other reasons) is a class E felony (up to 4 years). Sexual abuse in the first degree (sexual contact by forcible compulsion or with a physically helpless person) is a class D felony. For sex with minors under the age of consent, see the age-of-consent page. N.Y. Penal Law 130.35, 130.30, 130.25, 130.65; 70.00 |
| North Carolina | North Carolina calls rape 'forcible rape' (vaginal intercourse) and other penetration 'forcible sexual offense'. First-degree forcible rape (by force and against the victim's will, with a dangerous weapon, causing serious personal injury, or with help from others) is a Class B1 felony, the second-highest class, which can carry up to life without parole. Second-degree forcible rape (by force, or with a person the actor knows or should know is mentally disabled, mentally incapacitated or physically helpless) is a Class C felony. Sexual battery (forced sexual contact, or contact with such a person, for sexual purposes) is a Class A1 misdemeanor. A person convicted of forcible rape loses custody and inheritance rights over a child conceived in the rape. For sex with minors under the age of consent, see the age-of-consent page. N.C. Gen. Stat. 14-27.21, 14-27.22, 14-27.33; 15A-1340.17 |
| North Dakota | North Dakota's main rape offense is gross sexual imposition: a sexual act compelled by force or by threat of imminent death, serious injury or kidnapping, after secretly drugging the victim, with a victim unaware of the act, or with a victim the actor knows cannot understand the conduct because of a mental disease or defect. It is a class A felony (up to 20 years), and a class AA felony (up to life without parole) if serious bodily injury is inflicted or the act is compelled by force or threat, with a 20-year mandatory minimum for the force-or-threat version (the court may go lower in limited cases, but not below 5 years); if the victim dies it is class AA with mandatory life without parole for adults. Sexual imposition (a sexual act or contact compelled by other threats or coercion) is a class B felony (up to 10 years). Sexual assault (unwanted sexual contact) is a class A misdemeanor if the contact is merely offensive and a class C felony (up to 5 years) in aggravated situations such as an incapacitated or drugged victim or a person in custody. For sex with minors under the age of consent, see the age-of-consent page. N.D.C.C. 12.1-20-03, 12.1-20-04, 12.1-20-07; 12.1-32-01 |
| Ohio | Rape (sexual conduct compelled by force or threat of force, after secretly drugging the victim, or with a victim whose ability to resist or consent is substantially impaired by a mental or physical condition or advanced age) is a felony of the first degree; if the offender drugged the victim with a controlled substance, at least a 5-year mandatory minimum applies. Marriage or living together is not a defense to forcible rape. Sexual battery (sexual conduct obtained by coercion, with someone known to be impaired or unaware, or by a person in authority such as a parent, guardian, jailer, teacher, coach, cleric or medical or mental health professional) is a third-degree felony, and second degree with mandatory prison if the victim is 13 to 17. Gross sexual imposition (forced or drug-facilitated sexual contact, or contact with an impaired person) is a fourth-degree felony. For sex with minors under the age of consent, see the age-of-consent page. R.C. 2907.02(A)-(B), (G); 2907.03; 2907.05(A), (C)(1); 2929.14 |
| Oklahoma | Oklahoma calls sexual assault 'rape' (sexual intercourse involving vaginal or anal penetration) and 'rape by instrumentation' (penetration with an object or body part). First-degree rape covers rape by force or threats, of a person unable to consent because of mental illness, of a drugged or unconscious victim, by an adult of a child under 14, and all rape by instrumentation; it is a Class A2 felony punishable by death or at least 5 years up to life or life without parole, with mandatory post-prison supervision. All other rape is second-degree rape, a Class B2 felony punishable by 1 to 15 years. Forcible sodomy is a Class B1 felony (up to 20 years). Sex with a person under the age of consent is also rape; see the age-of-consent page. 21 O.S. §§ 1111, 1111.1, 1114, 1115, 1116, 888 |
| Oregon | Oregon uses the names rape, sodomy (oral or anal intercourse) and unlawful sexual penetration (with an object or body part), each in degrees. First-degree rape, sodomy or unlawful sexual penetration (by forcible compulsion, or when the victim cannot consent because of mental incapacitation or physical helplessness) is a Class A felony (up to 20 years) with a mandatory minimum of 100 months (8 years 4 months) under Measure 11. Sexual abuse in the second degree (sexual intercourse, oral or anal intercourse or penetration without the victim's consent) is a Class C felony (up to 5 years). Sexual contact by forcible compulsion or with a person unable to consent is first-degree sexual abuse, a Class B felony with a 75-month mandatory minimum. Sex with a person under the age of consent is also covered; see the age-of-consent page. ORS 163.375, 163.405, 163.411, 163.425, 163.427, 137.700(2)(a)(K), (M), (O), (Q) |
| Pennsylvania | Rape (sexual intercourse by forcible compulsion or threat, or with a person who is unconscious, drugged without their knowledge or unable to consent because of a mental disability) is a felony of the first degree (up to 20 years), and the court may add up to 10 years and $100,000 if the victim was secretly drugged to prevent resistance. Involuntary deviate sexual intercourse (oral or anal intercourse under the same circumstances) is also a first-degree felony. Sexual assault (intercourse or deviate intercourse without the person's consent) is a felony of the second degree (up to 10 years). Aggravated indecent assault (penetration with a body part or object under similar circumstances) is a second-degree felony, and indecent assault (unwanted sexual touching) is a first- or second-degree misdemeanor. Sex with a person under the age of consent is covered separately; see the age-of-consent page. 18 Pa.C.S. §§ 3121(a), (b), 3123(a), 3124.1, 3125(a), (c)(1), 3126(b) |
| Rhode Island | Rhode Island uses 'sexual assault' in degrees. First-degree sexual assault (sexual penetration using force or coercion, by concealment or surprise, of a person the accused knows is mentally incapacitated, disabled or physically helpless, or during sham medical treatment for sexual gratification) carries at least 10 years and up to life. Second-degree sexual assault (sexual contact, meaning intentional touching, under the same kinds of circumstances) carries 3 to 15 years. Third-degree sexual assault (an adult over 18 with a 14- or 15-year-old, or with a 14- to 17-year-old over whom the adult holds supervisory or disciplinary authority) carries up to 5 years; see the age-of-consent page. R.I. Gen. Laws §§ 11-37-2, 11-37-3, 11-37-4, 11-37-5, 11-37-6, 11-37-7 |
| South Carolina | South Carolina calls sexual assault 'criminal sexual conduct' (CSC), defined around 'sexual battery' (sexual intercourse or other intrusion). First-degree CSC (sexual battery with aggravated force, together with kidnapping, robbery or similar crimes, or after drugging the victim without consent) is a felony punishable by up to 30 years. Second-degree CSC (sexual battery by aggravated coercion) is a felony with up to 20 years. Third-degree CSC (sexual battery by force or coercion without aggravating circumstances, or with a victim the actor knows is mentally incapacitated or physically helpless) is a felony with up to 10 years. Sexual battery with a minor is a separate offense; see the age-of-consent page. S.C. Code §§ 16-3-652, 16-3-653, 16-3-654 |
| South Dakota | South Dakota calls sexual assault 'rape' (an act of sexual penetration) in four degrees. Second-degree rape (by force, coercion or threats of great bodily harm) is a Class 1 felony (up to 50 years). Third-degree rape (with a victim unable to consent because of physical or mental incapacity, or because of drugs, alcohol or hypnosis, which the offender knew or should have known) is a Class 2 felony (up to 25 years). Fourth-degree rape (without the victim's consent when the offender knew or should have known it, or with a 13- to 15-year-old by someone at least three years older) is a Class 3 felony (up to 15 years). Unwanted sexual contact with an adult capable of consenting is a Class 1 misdemeanor (a Class 6 felony for a registered sex offender); for sex with a minor see the age-of-consent page. SDCL 22-22-1, 22-22-7.4 |
| Tennessee | Tennessee calls sexual assault rape (unlawful sexual penetration) and sexual battery (unlawful sexual contact). Rape (penetration by force or coercion, without consent, by fraud, or of a victim the defendant knows is mentally incapacitated or physically helpless) is a Class B felony (8 to 30 years), sentenced at least in Range II. Aggravated rape (penetration with a weapon, causing bodily injury, aided by others, or by a person who knows they have HIV) is a Class A felony (15 to 60 years), also at least Range II. Sexual battery (sexual contact under the same conditions as rape, including contact by clergy, health care professionals or counselors during treatment) is a Class E felony (1 to 6 years), and aggravated sexual battery (contact with a weapon, causing injury, aided by others, or with a victim under 13) is a Class B felony. For age-based offenses see the age-of-consent page. Tenn. Code Ann. §§ 39-13-502, 39-13-503, 39-13-504, 39-13-505; § 40-35-111 |
| Texas | Texas uses 'sexual assault' and 'aggravated sexual assault' instead of rape. Sexual assault (intentionally or knowingly causing sexual penetration without consent, including where the victim is unconscious, impaired, threatened, or exploited by a clergy member, health care provider, coach, caregiver or similar person) is a second-degree felony: 2 to 20 years and up to a $10,000 fine. It is a first-degree felony (5 to 99 years or life) if the victim is someone the actor could not legally marry or have sex with under the bigamy or incest laws. Aggravated sexual assault (sexual assault plus serious injury, an attempt to kill, threats of death, kidnapping or trafficking, a deadly weapon, acting with others, drugging the victim, or a victim who is elderly or disabled) is a first-degree felony. Sex with a child under 17 is also sexual assault; see the age-of-consent page. Tex. Penal Code §§ 22.011, 22.021; §§ 12.32, 12.33 |
| Utah | Rape (sexual intercourse without consent, including with a spouse) is a first-degree felony: 5 years to life in prison, rising to 10 years to life if the victim is an incapacitated person, 15 years to life if the defendant caused serious bodily injury, and life without parole for a defendant with a prior grievous sexual offense. Object rape and forcible sodomy are separate first-degree felonies. Forcible sexual abuse (non-consensual sexual touching of someone 14 or older) is a second-degree felony (1 to 15 years), or first degree (15 years to life) if serious bodily injury is caused. Aggravated sexual assault (a sexual assault with a weapon, threats of kidnapping, death or serious injury, or help from others) is a first-degree felony with a minimum of 6, 10 or 15 years to life depending on the conduct. For age-based offenses see the age-of-consent page. Utah Code §§ 76-5-402, 76-5-402.2, 76-5-403, 76-5-404, 76-5-405; § 76-3-203 |
| Vermont | Sexual assault (a sexual act without consent, by threats or coercion, by fear of injury, with someone the actor knows is asleep or unaware, or with someone drugged without their knowledge or substantially impaired) carries at least 3 years and up to life in prison, plus a fine of up to $25,000. Aggravated sexual assault (sexual assault with serious injury, help from others, kidnapping, a prior sexual assault conviction, a deadly weapon, threats of serious injury, deadly force, repeated acts, or a victim under 13 assaulted by an adult) carries 10 years to life and a fine of up to $50,000, with at least 10 years to serve (the court may depart down to no less than 5 years with written findings). Sex with a child under 16 is also sexual assault (up to 20 years); see the age-of-consent page. 13 V.S.A. §§ 3252, 3253 |
| Virginia | Rape (sexual intercourse, including with a spouse, by force, threat or intimidation, or through the victim's mental incapacity or physical helplessness) is punishable by 5 years to life in prison. Forcible sodomy and object sexual penetration carry the same range. Aggravated sexual battery (sexual abuse by force with a victim 13 or 14, serious injury or a weapon, or of an incapacitated or helpless victim, among other listed cases) carries 1 to 20 years and a fine of up to $100,000. Sexual battery (sexual abuse by force, threat, intimidation or ruse, repeated non-consensual touching, or abuse by jail, probation or police staff of people in their custody) is a Class 1 misdemeanor (up to 12 months and/or $2,500). For age-based offenses see the age-of-consent page. Va. Code §§ 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4; § 18.2-11 |
| Washington | Washington uses rape in the first, second and third degree. First-degree rape (forcible intercourse with a weapon, kidnapping, serious injury or a felonious entry, or after secretly drugging the victim) and second-degree rape (forcible intercourse, a victim who is physically helpless or mentally incapacitated, or abuse by a caregiver, health care provider or supervisor of a vulnerable person) are class A felonies (up to life and/or $50,000). For these, the court sets a minimum term and a maximum of life, and the Indeterminate Sentence Review Board decides release. Third-degree rape (intercourse without consent, or with a threat to the victim's property rights) is a class C felony (up to 5 years and/or $10,000). For age-based offenses see the age-of-consent page. RCW 9A.44.040, 9A.44.050, 9A.44.060, 9.94A.507; RCW 9A.20.021 |
| West Virginia | West Virginia uses the names 'sexual assault' (intercourse or intrusion) and 'sexual abuse' (sexual contact). First-degree sexual assault (intercourse or intrusion while causing serious bodily injury or using a deadly weapon, or by a person 14 or older with a child under 12) is a felony: 15 to 35 years and a $1,000 to $10,000 fine, or 25 to 100 years if an adult offender's victim is under 12. Second-degree sexual assault (by forcible compulsion, or with a person who is physically helpless) is a felony: 10 to 25 years, with an optional $1,000 to $10,000 fine. Third-degree sexual assault (with a person who is mentally incapacitated, or by a person 16 or older with someone under 16 who is at least four years younger) is a felony: 2 to 10 years, with an optional fine up to $20,000. Sexual contact by forcible compulsion or with a helpless person (first-degree sexual abuse) is a felony of 1 to 5 years; for age-based offenses see the age-of-consent page. W. Va. Code §§ 61-8B-3, 61-8B-4, 61-8B-5, 61-8B-7 |
| Wisconsin | Wisconsin grades sexual assault (non-consensual sexual contact or intercourse) in four degrees. First degree (causing pregnancy or great bodily harm, using or threatening a dangerous weapon, being aided by others and using force, or a second-degree assault against someone 60 or older or a known adult at risk) is a Class B felony: up to 60 years. Second degree (using or threatening force, causing injury or mental anguish, a victim who is unconscious, mentally incapable or too intoxicated to consent, and assaults by certain staff, officers or supervision agents on people in their care or custody) is a Class C felony: up to 40 years and/or $100,000. Third degree (non-consensual intercourse) is a Class G felony: up to 10 years and/or $25,000, and fourth degree (non-consensual sexual contact) is a Class A misdemeanor: up to 9 months and/or $10,000. Marriage is not a defense; for age-based offenses see the age-of-consent page. Wis. Stat. §§ 940.225, 939.50(3), 939.51(3) |
| Wyoming | Wyoming grades sexual assault in three degrees. First degree (sexual intrusion through physical force or forcible confinement, by threats of death, serious injury or kidnapping, on a person known to be physically helpless, or on a person incapable of understanding because of mental illness or disability) is a felony punishable by 5 to 50 years. Second degree (intrusion by threats of future retaliation, secretly administering an impairing substance, abusing a position of authority, by correctional or school staff over residents or students, or by a health care provider in the course of treatment) is a felony punishable by 2 to 20 years. Third degree (sexual contact under those circumstances without intrusion or serious injury) is a felony punishable by up to 15 years. A repeat first- or second-degree offense carries 25 years to life, and two or more prior qualifying adult convictions require life without parole; for age-based offenses see the age-of-consent page. W.S. 6-2-302, 6-2-303, 6-2-304, 6-2-306 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.