A Minnesota sexual assault law that did not protect some intoxicated victims is not unique, and now, activists and lawmakers have overhauled the code.

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According to a USA TODAY analysis, a majority of states allow for a felony rape conviction only if a victim became incapacitated against his or her will.

At least 27 states have laws that distinguish between sexual assault victims who were forced to become intoxicated and those who chose to drink or take drugs. And that distinction could determine whether charges are even filed, according to an USA TODAY analysis.

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