{"id":372210,"date":"2016-03-31T21:34:47","date_gmt":"2016-04-01T02:34:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/criminal-laws\/rape.html"},"modified":"2026-05-18T11:19:26","modified_gmt":"2026-05-18T16:19:26","slug":"rape","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/criminal-laws\/rape.html","title":{"rendered":"State Rape Laws"},"content":{"rendered":"\n
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\n \n State Rape Laws\n <\/h1>\n \n Learn about your state’s laws by using the links below.\n <\/p>\n <\/div>\n<\/div>\n\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

Rape is considered one of the most serious crimes and carries heavy penalties for conviction. State rape laws<\/span> vary, as do the penalties for sex crimes<\/span><\/a>. Some states have gone so far as to abolish the statute of limitations<\/a> for sexual assault<\/span>.<\/p>\n

This article discusses the legal definition of rape, along with the criminal penalties and defenses to this sexual offense<\/span><\/a>. It also provides links to FindLaw articles on state-specific rape laws<\/span>. Choose your state from the list below to be taken to substantive articles on rape and related offenses.<\/p>\n

If you\u2019re facing rape charges, it\u2019s a good idea to consult with an experienced criminal defense attorney<\/a>. The penalties for this crime are quite severe, including registration as a sex offender<\/span>.<\/p>\n

Legal Definition of Rape<\/h2>\n

Each state defines the crime of rape in its own way. Some don\u2019t refer to the crime as rape at all, choosing instead to refer to it as \u201csexual assault<\/span><\/a>.\u201d In general, the legal definition of this sex offense<\/span> is similar in most jurisdictions.<\/p>\n

According to the FBI, the legal definition of rape<\/a> is \u201cthe sexual penetration<\/span> of the vagina or anus with any body part or other object, or oral penetration by any sex organ, without the victim\u2019s consent. Lack of consent includes situations where the victim is unable to provide it due to age, mental incapacity, intoxication, or unconsciousness.<\/p>\n

Put into effect in 2017, the most recent FBI definition does not use the word \u201cforcible<\/span>,\u201d a term included in many state rape statutes. Nor does it require that the state prove that sexual intercourse<\/span> took place. State laws<\/span> will not always align with this definition, but the FBI\u2019s definition is the one the government uses in its Uniform Crime Reporting Program<\/a>.<\/p>\n

Aggravated <\/span>Sexual Assault<\/span><\/h2>\n

As with other crimes, there are different levels of sexual assault<\/span>. Whether the state chooses to charge someone with aggravated rape<\/a> as opposed to simple rape depends on several factors. States use varying terminology for enhanced sexual assault<\/span> charges, including ‘aggravated rape,’ ‘aggravated <\/span>sexual assault<\/span>,’ or ‘aggravated sexual battery<\/span>.\u2019<\/p>\n

Before filing criminal charges<\/a>, the prosecutor will examine the facts of the case. They will also consult the local criminal rape statutes to determine if the defendant\u2019s behavior meets the criteria for aggravated <\/span>sexual assault<\/span>.<\/p>\n

In most states, a person is guilty of aggravated <\/span>sexual assault<\/span><\/a> if any of the following circumstances are present:<\/p>\n