BERKEMEIER, WILLIAM JOSEPH, JR

The statute below contains the definitions of Rape in the 1st degree, 2nd degree, 3rd degree, and 4th degree: 22-22-1. Rape defined--Degrees--Felony. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances: (1) If the victim is less than thirteen years of age; or (2) Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution; or (3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or (4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or (5) If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim. A violation of subdivision (1) of this section is rape in the first degree, which is a Class C felony. A violation of subdivision (2) of this section is rape in the second degree which is a Class 1 felony. A violation of subdivision (3) or (4) of this section is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) of this section is rape in the fourth degree, which is a Class 3 felony. Notwithstanding § 23A-42-2 a charge brought pursuant to this section may be commenced at any time prior to the time the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer. Some statutes have been amended over the years and may not contain the exact language of the offense that the sex offender was convicted of.

Some statutes have been repealed but continued registration may be required for specific offenses. 22-22-30.1. Criminal pedophilia defined--Penalty Criminal pedophilia is any act of sexual penetration accomplished with a victim less than thirteen years of age by any person twenty-six years of age or older. Criminal pedophilia is a Class 1 felony. If any person is convicted of criminal pedophilia, the court shall impose a minimum sentence of twenty-five years for a first offense. If any person is convicted for a second offense, the factual basis for which occurred after the date of the first conviction, the court shall impose a sentence of life without parole. Some statutes have been amended over the years and may not contain the exact language of the offense that the sex offender was convicted of.