Scenario 10:

Question : Defendant, 32, is convicted of rape in the first degree as a hate crime in violation of PL 130.35(1) and 485.05, for having forcible sexual intercourse with a 14 year old girl. He has a prior conviction for rape in the second degree committed twelve years ago, for having uncoerced sex with a 13 year old girl, and for which he received a sentence of five years probation. Under what statute should he be sentenced for the present offense?

Answer :