§ 21-1114. Rape in first degree - Second degree.

A.  Rape in the first degree shall include:

1.  rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or

2.  rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or

3.  rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; or

4.  rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; or

5.  rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or

6.  rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or

7.  rape by instrumentation committed upon a person under fourteen (14) years of age.

B.  In all other cases, rape or rape by instrumentation is rape in the second degree.

R.L.1910, § 2417.  Amended by Laws 1981, c. 325, § 5; Laws 1983, c. 41, § 2, eff. Nov. 1, 1983; Laws 1986, c. 179, § 3, eff. Nov. 1, 1986; Laws 1990, c. 224, § 3, eff. Sept. 1, 1990; Laws 2008, c. 438, § 3, eff. July 1, 2008.