Rape 1st Degree
A person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion.
The punishment for rape in the first degree is life imprisonment or a term of years not less than 5 years, unless
1) the offense is an aggravated offfense then the minimum is 15 years
2) the defendant is a persistent or predatory sexual offender
3) the victim is less than 12 years of age