§ 130.35 Rape in the first degree. A  person is guilty of rape in the first degree when he or she engages  in sexual intercourse with another person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically helpless;  or 3. Who is less than eleven years old; or 4. Who is less than thirteen years old and the actor is eighteen years  old or more. Rape in the first degree is a class B felony.