130.30 – Rape in the Second Degree.
§ 130.30 Rape in the second degree. A person is guilty of rape in the second degree when: 1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or 2. he or she engages in sexual intercourse with another person who is incapable […]
130.35 – Rape in the First Degree.
§ 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 […]
130.40 – Criminal Sexual Act in the Third Degree.
§ 130.40 Criminal sexual act in the third degree. A person is guilty of criminal sexual act in the third degree when: 1. He or she engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years […]
130.45 – Criminal Sexual Act in the Second Degree.
§ 130.45 Criminal sexual act in the second degree. A person is guilty of criminal sexual act in the second degree when: 1. being eighteen years old or more, he or she engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old; or 2. he or she engages […]
130.50 – Criminal Sexual Act in the First Degree.
§ 130.50 Criminal sexual act in the first degree. A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically helpless; or […]
130.05 – Sex Offenses; Lack of Consent.
§ 130.05 Sex offenses; lack of consent. 1. Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim. 2. Lack of consent results from: (a) Forcible compulsion; or (b) Incapacity to consent; or (c) Where the offense charged […]
130.10 – Sex Offenses; Limitation; Defenses.
§ 130.10 Sex offenses; limitation; defenses. 1. In any prosecution under this article in which the victim’s lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or […]
130.00 – Sex Offenses; Definitions of Terms.
§ 130.00 Sex offenses; definitions of terms. The following definitions are applicable to this article: 1. “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight. 2. (a) “Oral sexual conduct” means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth […]