(a) Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than eight (8) years of age but less than thirteen (13) years of age.
(b) Rape of a child is a Class A felony and shall be punished as follows:
(1) If the defendant was a juvenile at the time of the offense, then the defendant shall be punished as a Range II offender; however the sentence imposed may, if appropriate, be within Range III, but in no case shall it be lower than Range II; and
(2) If the defendant was an adult at the time of the offense, then the sentence must be:
(A) Death;
(B) Imprisonment for life without possibility of parole; or
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