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Rape is non-consensual sex and is divided into different degrees. The punishment is the same as that of First Degree Rape.Two elements must be satisfied for a person to be guilty of first degree rape. Reckless endangering in the first degree is a class E felony. OR. • with person "incapable of consent" because "physically. FindLaw Newsletters. 056 Rape Crisis Program Trust Fund. Rape in the first degree. Sexual Assault 1st degree: Class A felony. There are two degrees of rape.