A person generally commits the criminal offense of rape by using force, threats of force, coercion, or fraud to have non-consensual sexual intercourse with another person. In some states this criminal offense is called sexual assault. Rape is a felony offense with significant jail or prison time as potential punishment.

Laws vary from state to state and some state laws also include in the definition of rape sexual intercourse with a person who is intoxicated by drugs or alcohol, unconscious, or mentally disabled and unable to consent to the sexual intercourse. And some states have a broad definition of the lack of consent to sexual contact constituting rape and include sexual contact with public servants (police officers, etc.), members of the clergy, mental health service providers, and employees of assisted living centers or nursing homes as lacking consent under some circumstances.

In some states it is rape or sexual assault for a health care services provider performing an assisted reproduction procedure to use human reproductive material from a donor other than the patient’s intended donor.

Rape or sexual assault laws are generally located in a state’s statutes—often in the penal or criminal code.

In Maryland, rape is defined under the criminal law statutes and is considered a serious felony offense. The law recognizes that rape occurs when a person engages in sexual intercourse with another person by force, or the threat of force, without the consent of the other person. Consent cannot be given when the victim is incapacitated due to drugs, alcohol, unconsciousness, or mental disability. Maryland law also considers it rape if there is sexual intercourse with someone who is unable to resist or communicate unwillingness due to a physical or mental condition. Additionally, Maryland's statutes include provisions that address sexual offenses involving individuals in positions of authority or trust, such as law enforcement officers, clergy members, mental health service providers, and employees of certain care facilities, where consent may be compromised due to the nature of the relationship. The state's laws are detailed in the Criminal Law Article of the Maryland Code, and convictions for rape can lead to significant prison sentences, with the possibility of life imprisonment for the most severe offenses.