MARVIN MANDEL, Governor                                1537

DEGREE IF THE PERSON ENGAGES IN VAGINAL INTERCOURSE WITH
ANOTHER PERSON:

(1)    BY FORCE OR THREAT OF FORCE AGAINST THE
WILL AND WITHOUT THE CONSENT OF THE OTHER PERSON; OR

(2)         WHO IS MENTALLY DEFECTIVE, MENTALLY

INCAPACITATED, OR PHYSICALLY HELPLESS, AND THE PERSON

PERFORMING THE ACT KNOWS OR SHOULD REASONABLY KNOW THE

OTHER PERSON IS MENTALLY DEFECTIVE, MENTALLY

INCAPACITATED, OR PHYSCIALLY HELPLESS; OR

(B) ANY PERSON VIOLATING THE PROVISIONS OF THIS

SECTION IS GUILTY OF A FELONY AND UPON CONVICTION IS
SUBJECT TO IMPRISONMENT FOR A PERIOD OF NOT MORE THAN 20
YEARS.

464.

(A) A PERSON IS GUILTY OF A SEXUAL OFFENSE IN THE
FIRST DEGREE IF THE PERSON ENGAGES IN A SEXUAL ACT:

(1) WITH ANOTHER PERSON BY FORCE OR THREAT
OF FORCE AGAINST THE WILL AND WITHOUT THE CONSENT OF THE
OTHER PERSON, AND:

(I) EMPLOYS OR DISPLAYS A DANGEROUS OR

DEADLY WEAPON OR AN ARTICLE WHICH THE OTHER PERSON

REASONABLY CONCLUDES IS A DANGEROUS OR DEADLY WEAPON; OR

(II)   INFLICTS SUFFOCATION,

STRANGULATION, DISFIGUREMENT, OR SERIOUS PHYSICAL INJURY
UPON THE OTHER PERSON OR UPON ANYONE ELSE IN THE COURSE
OF COMMITTING THE OFFENSE; OR

(III)   THREATENS OR PLACES THE VICTIM IN
FEAR THAT THE VICTIM OR ANY PERSON KNOWN TO THE VICTIM

WILL BE IMMINENTLY SUBJECTED TO DEATH, SUFFOCATION,

STRANGULATION. DISFIGUREMENT, SERIOUS PHYSICAL INJURY, OR
KIDNAPPING; OR

(IV)   THE PERSON COMMITS THE OFFENSE
AIDED AND ABETTED BY ONE OR MORE OTHER PERSONS; OR

(2)    WITH ANOTHER PERSON WHO IS UNDER 14

YEARS OF AGE AND THE PERSON PERFORMING THE ACT IS AT
LEAST FOUR OR MORE YEARS OLDER THAN THE VICTIM.

(B) ANY PERSON VIOLATING THE PROVISIONS OF THIS
SECTION IS GUILTY OF A FELONY AND UPON CONVICTION IS

SUBJECT TO IMPRISONMENT FOR NO MORE THAN THE PERIOD OF

HIS NATURAL LIFE.

464A.

(A) A PERSON IS GUILTY OF A SEXUAL OFFENSE IN THE
SECOND DEGREE IF THE PERSON ENGAGES IN A SEXUAL ACT WITH

ANOTHER PERSON: