VANENGELENHOVEN, KELLY MICHAEL

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.

22-19-1. Kidnapping--Aggravated kidnapping in the first degree--Class of felony. Any person who, either unlawfully removes another person from the other's place of residence or employment, or who unlawfully removes another person a substantial distance from the vicinity where the other was at the commencement of the removal, or who unlawfully confines another person for a substantial period of time, with any of the following purposes: (1) To hold for ransom or reward, or as a shield or hostage; or (2) To facilitate the commission of any felony or flight thereafter; or (3) To inflict bodily injury on or to terrorize the victim or another; or (4) To interfere with the performance of any governmental or political function; or (5) To take or entice away a child under the age of fourteen years with intent to detain and conceal such child; is guilty of kidnapping in the first degree. Kidnapping in the first degree is a Class C felony, unless the person has inflicted serious bodily injury on the victim, in which case it is aggravated kidnapping in the first degree and is a Class B felony. 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.