What are the criteria for first degree rape?

The criteria for first degree rape is correctly identified as engaging in sexual intercourse by forcible compulsion or with an incapable person. This choice highlights the critical elements that constitute first degree rape, which revolve around the absence of consent. Forcible compulsion refers to physical force or threat of harm that coerces an individual into sexual activity, while engaging with an incapable person points to situations where the person cannot provide consent due to factors such as age, mental disability, or intoxication.

In contrast, the other options do not accurately reflect the legal definition of first degree rape. For instance, merely having sexual intercourse with a partner above the age of consent does not meet the criteria for rape if consent is given. Similarly, sexual intercourse with someone under 18 years old is categorized as statutory rape in many jurisdictions and does not necessarily fall under the definition of first degree rape unless additional elements of force or incapacity are present. Lastly, consensual sexual intercourse with no force used obviously cannot be considered rape at all, as it implies agreement and consent from both parties involved.