It is unlawful for person to commit aggravated sexual assault. The person is guilty of committing this offense if he or she, during the course of the rape, object rape, forcible sodomy, or forcible sexual abuse:
- uses or threatens the victim with the use of a dangerous weapon;
- compels or attempts to compel the victim to submit to rape, object rape, forcible sodomy, or forcible sexual abuse by threat of kidnapping, death, or serious bodily injury to be inflicted imminently on the victim and / or another person; or
- is aided or abetted by one or more persons.
A person may also be guilty of aggravated assault if, in the course of an attempted rape, attempted object rape, attempted forcible sodomy or attempted forcible sexual abuse, the person:
- causes serious bodily injury to any person;
- uses or threatens the use of a dangerous weapon to the victim;
- attempts to compel the victim to submit to rape, object rape, or forcible sodomy by threat of kidnapping, death, or serious bodily injury to be inflicted imminently on any person; or
- is assisted by one or more persons.
Aggravated sexual assault is considered a first degree felony offense. The sentencing for this offense is as follows, unless the court finds it is in the interests of justice to provide a lesser sentence:
- rape, object rape, forcible sodomy, or forcible sexual abuse:
- Minimum of 15 years to life; or
- Life without parole if the defendant was previously convicted of a grievous sexual offense.
- attempted rape, attempted object rape, or attempted forcible sodomy:
- Minimum of 10 years to life; or
- Life without parole if the defendant was previously convicted of a grievous sexual offense.
- attempted forcible sexual abuse:
- Minimum of 6 years to life; or
- Life without parole if the defendant was previously convicted of a grievous sexual offense.