Legislation
SECTION 130.35
Rape in the first degree
Penal (PEN) CHAPTER 40, PART 3, TITLE H, ARTICLE 130
* § 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Rape in the first degree is a class B felony.
* NB Effective until September 1, 2024
* § 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when:
1. he or she engages in vaginal sexual contact with another person:
(a) By forcible compulsion; or
(b) Who is incapable of consent by reason of being physically
helpless; or
(c) Who is less than eleven years old; or
(d) Who is less than thirteen years old and the actor is eighteen
years old or more;
2. he or she engages in oral sexual contact with another person:
(a) By forcible compulsion; or
(b) Who is incapable of consent by reason of being physically
helpless; or
(c) Who is less than eleven years old; or
(d) Who is less than thirteen years old and the actor is eighteen
years old or more; or
3. he or she engages in anal sexual contact with another person:
(a) By forcible compulsion; or
(b) Who is incapable of consent by reason of being physically
helpless; or
(c) Who is less than eleven years old; or
(d) Who is less than thirteen years old and the actor is eighteen
years old or more.
Rape in the first degree is a class B felony.
* NB Effective September 1, 2024
A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Rape in the first degree is a class B felony.
* NB Effective until September 1, 2024
* § 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when:
1. he or she engages in vaginal sexual contact with another person:
(a) By forcible compulsion; or
(b) Who is incapable of consent by reason of being physically
helpless; or
(c) Who is less than eleven years old; or
(d) Who is less than thirteen years old and the actor is eighteen
years old or more;
2. he or she engages in oral sexual contact with another person:
(a) By forcible compulsion; or
(b) Who is incapable of consent by reason of being physically
helpless; or
(c) Who is less than eleven years old; or
(d) Who is less than thirteen years old and the actor is eighteen
years old or more; or
3. he or she engages in anal sexual contact with another person:
(a) By forcible compulsion; or
(b) Who is incapable of consent by reason of being physically
helpless; or
(c) Who is less than eleven years old; or
(d) Who is less than thirteen years old and the actor is eighteen
years old or more.
Rape in the first degree is a class B felony.
* NB Effective September 1, 2024