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 Minnesota, the criminal offense of rape is legally referred to as 'criminal sexual conduct.' Minnesota law recognizes several degrees of this offense, with first-degree criminal sexual conduct being the most severe. This includes engaging in sexual penetration with another person by using force or coercion, or when the victim is mentally incapacitated, physically helpless, or impaired by alcohol or drugs to a degree that they cannot give consent. Additionally, Minnesota statutes consider it criminal sexual conduct to engage in sexual activities with individuals who are in a position of authority, such as correctional employees, clergy members, psychotherapists, or those who have significant relationships with the victim, under certain circumstances where consent might not be freely given. The state also criminalizes sexual conduct by a health care provider or therapist during a consultation, examination, or interview. The penalties for rape in Minnesota are severe and can include lengthy prison sentences, with the exact punishment depending on the degree of the offense and specific circumstances involved.