Sexual assault is classified by degrees -- first degree rape through a fourth degree sexual offense.
First degree rape is defined by all of the elements of second degree rape, plus one or more of the following: (1) that the defendant used a weapon, (2) that the defendant inflicted suffocation, strangulation, disfigurement or serious physical injury against the victim in the course of committing the offense, (3) that the defendant threatened or placed the victim in reasonable fear that the victim would be imminently subjected to death, suffocation, disfigurement, serious physical injury or kidnapping, (4) that the defendant committed the offense aided and abetted by one or more additional persons, or (5) that the defendant committed the offense in connection with a burglary in the first, second, or third degree.
Second degree rape is unlawful vaginal intercourse with a female by force or threat of force and without her consent. The elements are: (1) that the defendant had vaginal intercourse with the victim, (2) that the act was committed by force or threat of force and (3) that the act was committed without the consent of the victim.
The maximum penalty for first degree rape is life imprisonment. The penalty for second degree rape is imprisonment for not more than 20 years.
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