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(a) Statutory Rape.

(1) A person over the age of 18 years is guilty of statutory rape if he or she has sexual intercourse with a person under the age of 14 years, with such minor’s consent. However, the provisions of this subsection (a) shall not apply to conduct between married persons.

(2) It shall be a defense to statutory rape for the actor to prove that he or she reasonably believed the child to be above the age of 14 years.

(3) Statutory rape is a Class C offense.

(b) Sexual Assault.

(1) A person is guilty of sexual assault if he or she has sexual intercourse with another person, male or female, against the will of such person.

(2) Sexual assault is a Class A offense.

(c) Definition of Intercourse. For purposes of this section, “sexual intercourse” means oral, anal, or genital intercourse. Any sexual penetration, however slight, is sufficient to constitute sexual intercourse.

Comment: This section is in its original adopted version.

[Res. 10-27-77B, 1977. Prior Code § 5-30-050.]