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§ 130.20 Sexual misconduct

A person is guilty of sexual misconduct when:

  1. He or she engages in sexual intercourse with another person without such person's consent; or
  2. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent; or
  3. He or she engages in sexual conduct with an animal or a dead human body.

Sexual misconduct is a class A misdemeanor.

§ 130.25 Rape in the third degree

A person is guilty of rape in the third degree 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; or
  3. 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.

Rape in the third degree is a class E felony.

§ 130.30 Rape in the second degree

A person is guilty of rape in the second degree when:

  1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or
  2. he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.
Rape in the second degree is a class D felony.

§ 130.35 Rape in the first degree

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with 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.

§ 130.52 Forcible touching

A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor's sexual desire.
For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.
Forcible touching is a class A misdemeanor.

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