Rape
A. Rape is the act of anal, oral, or vaginal sexual intercourse with a male or female person committed without the person's lawful consent.

B. Emission is not necessary and any sexual penetration, vaginal or anal, however slight is sufficient to complete the crime.

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Aggravated Rape
A. Aggravated Rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:

1. When the victim resists the act to the utmost, but whose resistance is overcome by force.
2. When the victim is prevented from resisting the act of threats of great and immediate bodily harm, accompanied by apparent power of execution.
3. When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
4. When the victim is under the age of thirteen years. Lack of knowledge of the victim's age shall not be a defense.
5. When two or more offenders participated in the act.
6. When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.

B. For purposes of Paragraph (5), "participate" shall mean:

1. Commit the act of rape.
2. Physically assist in the commission of such an act.

C. Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

1. However, if the victim was under the age of 12 years , as provided by paragraph A(4) of this section.

a. And if the district attorney seeks a capital verdict, The offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation or suspension of sentence, in accordance with the determination of the jury.
b. And if the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

D. For purposes of this Section, the following words have the following meanings:

1. "Physical infirmity" means a person who is a quadriplegic or paraplegic.
2. "Mental infirmity" means a person with an intelligence quotient of seventy or lower.

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Forcible Rape
A. Forcible rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:

1. When the victim is prevented from resisting the act of force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.
2. When the victim is incapable of resisting or of understanding the nature of the act by any reason or stupor or abnormal condition of the mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim.

B. Whoever commits the crime of forcible rape shall be imprisoned at hard labor for not less than five nor more than forty years. At least two years of the sentence imposed shall be without benefit of probation, parole, or suspension of sentence.

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Simple Rape
A. Simple rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of a victim because it is committed under any one or more of the following circumstances:

1. When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of the mind produced by an intoxicating agent or any cause, other than the administration by the offender, and without the knowledge of the victim, of any narcotic or anesthetic agent or other controlled dangerous substance and the offender knew or should have known of the victim's incapacity.
2. When the victim is incapable, through unsoundness of mind, whether temporary or permanent, of understanding the nature of the act and the offender knew or should have known of the victim's incapacity.
3. When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.

B. For purposes of this Section, a person shall not be considered to be a spouse if a judgment of separation from bed and board has been rendered, or if the person and the offender are not legally separated but are living separate and apart and the offender knows that a temporary restraining order, preliminary or permanent injunction, or other order or decree has been issued prohibiting or restraining the offender from sexually or physically abusing, intimidating, threatening violence against, or in any way physically interfering with the person.

C. Whoever commits the crime of simple rape shall be imprisoned, with or without hard labor, without benefit of parole, probation, or suspension of sentence for not more than twenty-five years.

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Sexual Battery
A. Sexual battery is the intentional engaging in any of the following acts with another person where the offender acts without the consent of the victim, or where the other person, who is not the spouse of the offender, has not yet attained fifteen years of age and is at least three years younger than the offender:

1. The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or
2. The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.

B. For the purposes of this Section, serious bodily injury means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.

C. Whoever commits the crime of sexual battery shall be punished by imprisonment, with or without hard labor, without benefit of parole, probation, or suspension of sentence for not more than ten years.

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Second Degree Sexual Battery
A. Aggravated sexual battery is the intentional engaging in any of the following acts with another person when the offender intentionally inflicts serious bodily injury on the victim.

1. The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or
2. The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.

B. For the purposes of this Section, serious bodily injury means bodily injury which involves unconsciousness, extreme physical pain, or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.

C. Whoever commits the crime of aggravated sexual battery shall be punished by imprisonment, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than fifteen years.

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Oral Sexual Battery
A. Oral sexual battery is the intentional engaging in any of the following acts with another person, who is not the spouse of the offender, when the offender either compels the other person to submit by placing the person in fear of receiving bodily harm, or when the other person has not yet attained fifteen years of age and is at least three years younger than the offender.

1. The touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender; or
2. The touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim.

B. Lack of knowledge of the victim's age shall not be a defense.

C. Whoever commits the crime or oral sexual battery shall be punished by imprisonment, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than fifteen years.

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