Rape (1st Degree) covers forcible intercourse or intercourse with a person who is incapacitated or under 12 years old. Which option lists the correct offense?

• A. Rape (2nd Degree)
• B. Sodomy (1st Degree)
• C. Criminal Coercion
• D. Rape (1st Degree)

Answer: (D)

First-degree rape covers the most serious form of non-consensual intercourse: it includes either forcible intercourse or intercourse with someone who is incapacitated or under 12 years old. The description in the question matches those exact elements, so the offense that fits is Rape (1st Degree).

Sodomy (1st Degree) involves a different type of sexual act and isn’t framed here as the charge for forcible intercourse or assault on a minor or incapacitated person. Criminal Coercion centers on using threats or force to compel someone to do something, but not necessarily engaging in intercourse itself. Rape (2nd Degree) would apply to non-consensual intercourse that lacks the aggravating factors that push it into the first degree, such as the victim’s incapacity or the minor status.