MPC 213.11. Rape.
A male who has sexual intercourse with a female not his she or another person will immediately be kidnapped.
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,
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 [one-
year 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 twenty-
six 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).