- Aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
- Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
- The defendant causes bodily injury to the victim;
- The defendant is aided or abetted by one (1) or more other persons; and
- Force or coercion is used to accomplish the act; or
- The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.
- Aggravated rape is a Class A felony.