Rape and sexual assault: penalties in each state
Sexual contact without consent, or with a person who cannot consent. The most serious degree usually involves force, serious injury or a very young victim.
What to look for: Some states add mandatory supervision after release, or no probation at all.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
9 states covered so far
Arizona
5.25 to 14 years, and no probation
Show the degrees and the statutes
Sexual assault (Class 2 felony)
- Least
- 5.25 years
- Most
- 14 years
- Fine
- Fine of up to $150,000
A first offence: usual term 7 years. The person is not eligible for probation or suspension of the sentence. Longer ranges apply for a prior conviction (7 to 21 years and 14 to 28 years) and if serious physical injury was knowingly caused, life imprisonment is possible (§ 13-1406).
California
3 to 8 years (rape), and 15 or 25 years to life in aggravated cases
Show the degrees and the statutes
Rape (Felony)
- Least
- 3 years
- Most
- 8 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 3, 6 or 8. The court chooses among them.
Rape of a child under 14 (by force, violence or fear) (Felony)
- Least
- 9 years
- Most
- 13 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 9, 11 or 13. The court chooses among them.
Rape under the 'one strike' law (aggravating circumstances) (Felony)
- Least
- 15 years to life
- Most
- 25 years to life
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Applies where the listed circumstances are found, such as using a weapon, causing serious injury or committing the offence against more than one victim.
Florida
Up to 15 years up to life, or death in the most serious case
Show the degrees and the statutes
Sexual battery on an adult without the use of such force (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
Sexual battery under listed circumstances, or with such force (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- A term of years up to life
- Fine
- Fine of up to $10,000
A first-degree felony, punishable in some cases by a term of years up to life.
Sexual battery on a child under 12 by a person 18 or older (Capital felony)
- Least
- No minimum term set by the statute
- Most
- Death, or life imprisonment with no parole
A capital felony, punishable as provided in §§ 775.082, 921.141 and 921.1425.
Florida calls this 'sexual battery'. The class depends on the age of the victim and whether physical force and violence likely to cause serious injury was used.
Iowa
Up to 10 years (third degree) to life without parole (first degree)
Show the degrees and the statutes
Sexual abuse in the third degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of $1,370 to $13,660
Sexual abuse in the second degree (Class B felony)
- Least
- No minimum term set by the statute
- Most
- Up to 25 years
Sexual abuse in the first degree (Class A felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment, with no parole unless the Governor commutes the sentence
Where the person causes another serious injury in the course of the abuse.
Maryland
Up to 20 years (second degree) up to life (first degree)
Show the degrees and the statutes
Rape in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 20 years
Where a person 18 or older commits it against a child under 13 and the State gives 30 days' written notice, the sentence is 15 years to life, with no suspension and no parole during the 15 years.
Rape in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment; life without the possibility of parole for the forms in subsection (b), and for a repeat offender
Where a person 18 or older commits it against a child under 13 and the State gives 30 days' written notice, the sentence is 25 years to life without parole, with no suspension and no parole during the 25 years.
New York
Up to 4 years (third degree) up to life (predatory sexual assault)
Show the degrees and the statutes
Rape in the third degree (Class E felony)
- Least
- No minimum term set by the statute
- Most
- 4 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Rape in the second degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Rape in the first degree (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A violent felony offense, followed by a period of post-release supervision.
Predatory sexual assault (Class A-II felony)
- Least
- A life sentence with a minimum term set by the statute
- Most
- Life
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A longer minimum applies than for other class A-II felonies (§ 70.00(3)).
Texas
2 to 20 years up to 5 to 99 years, or life
Show the degrees and the statutes
Sexual assault (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
A first-degree felony in listed circumstances, such as certain victims the actor was prohibited from marrying.
Aggravated sexual assault (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
The minimum is raised to 25 years if the victim was under 6, or under 14 and the offence was committed in a manner described in § 22.021(a)(2)(A) (§ 22.021(f)).
Virginia
5 years to life
Show the degrees and the statutes
Rape (Felony (term set by the statute))
- Least
- 5 years
- Most
- Life
- Fine
- Fine of up to $100,000
If the offender was 18 or older and the victim was under 13, the sentence includes a mandatory minimum term of life.
Washington
Up to 5 years (third degree) up to life (first and second degree)
Show the degrees and the statutes
Rape in the third degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of up to $10,000
Rape in the second degree (Class A felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- Fine of up to $50,000
Rape in the first degree (Class A felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- Fine of up to $50,000
Other states are being added. Spotted a mistake? Tell us.
