This crime is similarly damaged in required additives. First, the offender must have vaginal sex with the patient. Section three-304 (a). Second, under Section Three-304 (a), the attacker should have had vaginal intercourse under at least one of the following units of situations:
The act was approved without the consent of the patient through the use of pressure or the danger of force by the offender.
The victim is a mentally defective man or woman or became mentally incapacitated or physically helpless at the time of the offense, a fact that the perpetrator knew or needed to know at the time of vaginal intercourse.
The victim is younger than 14 years and the malefactor is at least 4 years older than the victim.
If a person violates this section, that person is responsible for the crime of rape in the second degree and faces a penalty of up to twenty years in prison. Section three-304 (c) (1). However, if a person over the age of 18 violates this section and the patient is under 13, then that man or woman is guilty of a felony of rape in the second degree and faces 15 years to life imprisonment, with a minimum mandatory from 15 to 12 months in prison. sentence. Section three-304 (c) (2).
- Three – 304
(a) A person can not have vaginal or sexual intercourse with everyone else:
(1) by force or pressure risk, without consent to the contrary;
(2) whether the patient is an individual with drastic cognitive impairment, a mentally incapacitated man or woman, or a physically helpless character, and the man or woman who performs the act knows or should reasonably recognize that a patient is a man or woman with a substantial cognitive deterioration. , a mentally incapacitated person, or a physically helpless man or woman; or
(three) if the patient is under 14 years old and the person who appears in the act is at least 4 years older than the victim.
(b) An individual 18 years of age or older may not violate subsection (a) (1) or (2) of this section related to an infant under 13 years of age.
(c) (1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this phase is responsible for the rape prison within the second diploma and in conviction, it is difficult to incarcerate now That does not exceed 20 years.
(2) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is responsible for the violation prison within the second diploma and the sentence is Impugnation of the prison For no more than 15 years and without exceeding the lifestyles.
(ii) A courtroom cannot drop any part of the minimum required sentence of 15 years.
(iii) The character is not eligible for parole at some point of the minimum necessary sentence.
(iv) If the State does not comply with subsection (d) of this section, the mandatory minimum sentence will no longer apply.
(d) If the State intends to seek a prison sentence of not less than 15 years under subsection (c) (2) of this segment, the State shall notify the person in writing of the State’s goal. at least 30 days before the test.