 |
PL 130.35 Rape in the 1st deg |
Class B violent felony |
 Link to CJI2d |
§ 130.35 Rape in the first degree.
A [male] PERSON is guilty of rape in the first degree when he OR SHE
engages in sexual intercourse with [a female] 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.
Effective 2/1/01.
.
|
| Subdivision | Elements | Lesser included offenses |
| PL 130.35(1) |
-
sexual intercourse
-
forcible compulsion
|
LIO
|
| PL 130.35(2) |
-
sexual intercourse
-
victim incapable of consent
-
victim physically helpless
|
LIO
|
| PL 130.35(3) |
-
sexual intercourse
-
victim less than 11
|
LIO
|
| PL 130.35(4) |
-
defendant 18 years old or more
-
sexual intercourse
-
victim less than 13
|
LIO
|