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 New Hampshire, rape is legally referred to as 'sexual assault,' and it is defined under the state's criminal statutes. A person commits the offense of sexual assault by engaging in non-consensual sexual intercourse with another person through the use of force, threats of force, coercion, or fraud. New Hampshire law also recognizes that sexual intercourse with an individual who is incapacitated due to intoxication, unconsciousness, or mental disability, and therefore unable to consent, falls under the definition of sexual assault. The state's statutes further expand the definition of non-consent to include certain situations involving individuals in positions of trust or authority, such as public servants, clergy members, mental health service providers, and employees of assisted living or nursing facilities, where consent may be compromised due to the nature of the relationship. Sexual assault is considered a felony in New Hampshire, carrying severe penalties including the possibility of substantial prison time. Additionally, New Hampshire law specifies that it is a form of sexual assault for a health care provider to use reproductive material from a donor other than the one intended by the patient during assisted reproduction procedures. These laws are found in the New Hampshire Revised Statutes Annotated (RSA), specifically within the penal code.