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 Arizona, rape is legally referred to as 'sexual assault' and is defined under Arizona Revised Statutes § 13-1406. The law states that a person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent. Consent is not given if the victim is coerced by the immediate use or threatened use of force against the victim or another person, if the victim is incapable of consent due to a mental disorder, mental incapacitation, or physical helplessness, or if the victim is intentionally deceived as to the nature of the act. Sexual assault is classified as a class 2 felony in Arizona, and if the victim is under 15 years of age, it is a class 2 felony punishable pursuant to § 13-705, which pertains to dangerous crimes against children. The state of Arizona also recognizes that sexual intercourse with an individual who is intoxicated to the point of incapacity to consent may constitute sexual assault. Additionally, Arizona law includes specific provisions regarding sexual offenses by persons in positions of trust, such as custodians or those who have a significant relationship with the victim, under § 13-1404 and § 13-1405, which cover sexual abuse and sexual conduct with a minor, respectively. The penalties for sexual assault in Arizona are severe and can include lengthy prison sentences, mandatory registration as a sex offender, and other significant legal consequences.