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21-1114.


21-1114.
   
   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 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
   
   4. 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
   
   5. 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.
   

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