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Re: Duke rape charges dropped.
Here's a breakdown of what the defendants could possibly be charged with at this point.
1st Degree Kidnapping - I won't list all the elements that define "kidnapping" but the state must prove that either serious bodily injury was inflicted or that a sexual assault was committed for this to be a first degree offense. Class C felony - Active sentence 58-73 months.
2nd Degree Kidnapping - State meets burden of proof for kidnapping but no serious injury or sexual assault committed. Class E felony. Possible active sentence of 20-25 months or intensive probation may be imposed.
1st & 2nd Degree Sex Offense - In order for a case to be considered a sex offense a "sexual act" must be committed. 1st Degree - Class B1 - Active sentence 192-240 months. 2nd Degree - Class C - 58-73 months
If no sex act was committed and there was only "sexual contact", then they could be charged with Misdemeanor Sexual Battery or Assault on a Female - Class A1 - Punishable by up to 150 days in jail or probation or community service/fines/costs
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