Crim Law Statute.docx

MPC 213.11. Rape. A male who has sexual intercourse with a female not his wife is guilty of rape if: (a)he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or (b) he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or (c) the female is unconscious; or (d) the female is less than 10 years old. Rape is a felony of the second degree unless (i) in the course thereof the actor inflicts serious bodily injury upon anyone, or (ii) the victim was not a voluntary social companion of the actor upon the occasion of the crime and had not previously permitted him sexual liberties, in which cases the offense is a felony of the first degree. 2. Gross Sexual Imposition. A male who has sexual intercourse with a female not his wife commits a felony of the third degree if: (a) he compels her to submit by any threat that would prevent resistance by a woman of ordinary resolution; or (b) he knows that she suffers from a mental disease or defect which renders her incapable of appraising the nature of her conduct; or (c) he knows that she is unaware that a sexual act is being committed upon her or that she submits because she mistakenly supposes that he is her husband. CAL - SECTION 261. RAPE DEFINED (a) Rape [punishable by imprisonment for three, six, or eight years] is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator . . . : (1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. . . . (2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another (3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, . . . and this condition was known, or reasonably should have been known by the accuse (4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. . . . (5) Where a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief (6) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. “[T]hreatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death. . . . (7) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. . . (b) “[D]uress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities [to] acquiesce in an act to which one otherwise would not have submitted. . . . (c) “[M]enace” means any threat, declaration, or act which shows an intention to inflict an injury upon another. <SECTION 261.5. UNLAWFUL SEXUAL INTERCOURSE WITH A PERSON UNDER 18 . . . >: Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person [under 18 years of age] who is not the spouse of the perpetrator. . . . [Imprisonment for up to four years when the minor is more than three years younger than the perpetrator.b] <SECTION 261.6. “CONSENT.>: positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. . . . <SECTION 262. RAPE OF A SPOUSE. . . . >: Rape of a person who is the spouse of the perpetrator [punishable as provided under §261] is an act of sexual intercourse accomplished under any of the . . . circumstances [specified in §261(2), (3), (4), or (6)]. NYPL (2016): 8. “Forcible compulsion” means to compel by either: (a) use of physical force; or (b) a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he,

she or another person will immediately be kidnapped. SECTION 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 . . . (d) Where the offense charged is rape in the third degree as defined in subdivision three of section 130.25, . . . circumstances under which, at the time of the act of intercourse, . . . the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s situation would have understood such person’s words and acts as an expression of lack of consent to such act under all the circumstances. 3. A person is deemed incapable of consent when he or she is: (a) less than seventeen years old; or (b) mentally disabled; . . . or (d) physically helpless; or (e) committed to the care and custody of [a state agency] . . . and the actor is an employee who knows or reasonably should know that such person is committed to the care and custody of such [agency]; or . . . (h) a client or patient and the actor is a health care provider . . . charged with rape in the third degree as defined in section 130.25, . . . and the act of sexual conduct occurs during a treatment session [or] consultation. . . . SECTION 130.20. SEXUAL MISCONDUCT: [S]exual intercourse with another person without such person’s consent . is a class A misdemeanor [oneyear maximum]. . . . SECTION 130.25. RAPE IN THE THIRD DEGREE A person is guilty of rape in the third degree [four-year maximum] when:1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or3. He or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent. . . . SECTION 130.30. RAPE IN THE SECOND DEGREE A person is guilty of rape in the second degree [seven-year maximum] when . . . he or she engages in sexual intercourse with another person who is . . . mentally disabled [or less than fifteen years old and is more than four years younger than the perpetrator]. . . . SECTION 130.35. RAPE IN THE FIRST DEGREE A person is guilty of rape in the first degree [25-year maximum] when he or she engages in sexual intercourse with another person [b]y forcible compulsion; or [when the other person is] physically helpless; or [less than] thirteen years old. . . . Wisconsin statutes (2016): SECTION 940.225. SEXUAL ASSAULT (1) First degree sexual assault . . . a Class B felony [60-year maximum] [is committed whenever any person has] sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person [or uses or threatens to use] a dangerous weapon. . . . (2) Second degree sexual assault . . . a Class C felony [40-year maximum] [is committed whenever any person has sexual contact or sexual intercourse]:(a) . . . with another person without consent of that person by use or threat of force or violence.(b) . . . with another person without consent of that person and causes injury, illness, . . . or mental anguish requiring psychiatric care for the victim.(c) . . . with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person’s conduct, and the defendant knows of such condition.(cm) . . . with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent.(d) . . . with a person who the defendant knows is unconscious. . . . (3) Third degree sexual assault. Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony [ten-year maximum]. . . . (4) Consent . . . means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. . . . SECTION 948.02. SEXUAL ASSAULT OF A CHILD . . . Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony [40-year maximum]c. . .

PA: forcible compulsion included “[c]ompulsion by use of physical, intellectual, moral, emotional or psychological force, either express or implied.” Pa. Stat. §3101. Does a defendant commit rape in Pennsylvania if he uses psychological pressure, for example, if “the victim had an adolescent crush on the Defendant and the Defendant was aware of her feelings for him” and obtained her consent by taking advantage of those feelings? See Commonwealth v. Meadows Ignorance or mistake as to a matter of fact, for which there is reasonable explanation or excuse, is a defense if . . . the ignorance or mistake negatives the intent, knowledge, belief, recklessness, or negligence required to establish a material element of the offense; or the law provides that the state of mind established by such ignorance or mistake constitutes a defense Massachusetts:M.G.L.A. 265 § 22 § 22. Rape, generally; weapons; punishment; eligibility for furlough, education, training or employment programs (a) Whoever has sexual intercourse or unnatural sexual intercourse with a person, and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury and if either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of an offense defined in section fifteen A, fifteen B, seventeen, nineteen or twentysix of this chapter, section fourteen, fifteen, sixteen, seventeen or eighteen of chapter two hundred and sixty-six or section ten of chapter two hundred and sixty-nine shall be punished by imprisonment in the state prison for life or for any term of years. No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences. (b) Whoever has sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for not more than twenty years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term or years. Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine-gun or assault weapon, shall be punished by imprisonment in the state prison for not less than ten years. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences. For the purposes of prosecution, the offense described in subsection (b) shall be a lesser included offense to that described in subsection (a).