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:
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.
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.