{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1111v3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1111v3","heading":"Rape defined","body":"\n\nA. Rape is an act of sexual intercourse involving vaginal or\n\nanal penetration accomplished with a male or female within or\n\nwithout the bonds of matrimony who may be of the same or the\n\nopposite sex as the perpetrator under any of the following\n\ncircumstances:\n\n1. Where the victim is under eighteen (18) years of age;\n\n2. Where the victim is incapable through mental illness or any\n\nother unsoundness of mind, whether temporary or permanent, of giving\n\nlegal consent;\n\n3. Where force or violence is used or threatened, accompanied\n\nby apparent power of execution to the victim or to another person;\n\n4. Where the victim is intoxicated by a narcotic or anesthetic\n\nagent, administered by or with the privity of the accused as a means\n\nof forcing the victim to submit;\n\n5. Where the victim is at the time unconscious of the nature of\n\nthe act and this fact is known to the accused;\n\n6. Where the victim submits to sexual intercourse under the\n\nbelief that the person committing the act is a spouse, and this\n\nbelief is induced by artifice, pretense, or concealment practiced by\n\nthe accused or by the accused in collusion with the spouse with\n\nintent to induce that belief. In all cases of collusion between the\n\naccused and the spouse to accomplish such act, both the spouse and\n\nthe accused, upon conviction, shall be deemed guilty of rape;\n\n7. Where the victim is under the legal custody or supervision\n\nof a state agency, a federal agency, a county, a municipality, or a\n\npolitical subdivision and engages in sexual intercourse with a\n\nstate, federal, county, municipal, or political subdivision employee\n\nor an employee of a contractor of the state, the federal government,\n\na county, a municipality, or a political subdivision that exercises\n\nauthority over the victim, or the subcontractor or employee of a\n\nsubcontractor of the contractor of the state or federal government,\n\na county, a municipality, or a political subdivision that exercises\n\nauthority over the victim;\n\n8. Where the victim is less than twenty (20) years of age and\n\nis a student, or under the legal custody or supervision of any\n\npublic or private elementary or secondary school, junior high or\n\nhigh school, or public vocational school, and engages in sexual\n\nintercourse with a person who is eighteen (18) years of age or older\n\nand is an employee of a school system;\n\n9. Where the victim is nineteen (19) years of age or younger\n\nand is in the legal custody of a state agency, federal agency, or\n\ntribal court and engages in sexual intercourse with a foster parent\n\nor foster parent applicant; or\n\n10. Where the victim is a student at a secondary school, is\n\nconcurrently enrolled at an institution of higher education, and\n\nengages in acts pursuant to this subsection with a perpetrator who\n\nis an employee of the institution of higher education at which the\n\nvictim is enrolled.\n\nB. \"Employee of an institution of higher education\", for\n\npurposes of this section, means faculty, adjunct faculty,\n\ninstructors, volunteers, or an employee of a business contracting\n\nwith an institution of higher education who may exercise, at any\n\ntime, institutional authority over the victim. Employee of an\n\ninstitution of higher education shall not include an enrolled\n\nstudent who is not more than three (3) years of age or older than\n\nthe concurrently enrolled student and who is employed or\n\nvolunteering, in any capacity, for the institution of higher\n\neducation.\n\nR.L. 1910, § 2414. Amended by Laws 1981, c. 325, § 1; Laws 1983, c.\n\n41, § 1, eff. Nov. 1, 1983; Laws 1984, c. 134, § 1, eff. Nov. 1,\n\n1984; Laws 1990, c. 224, § 2, eff. Sept. 1, 1990; Laws 1993, c. 62,\n\n§ 1, eff. Sept. 1, 1993; Laws 1995, c. 22, § 1, eff. Nov. 1, 1995;","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f53422caef48addfdc1206e88ec22470eafeafcce0f0c6cfd01b3eab9fb62e27","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1111v2","next":"us-ok/okla.-stat.-tit.-21-21-1112"},"notice":"GroundRules: Original legal text. Not legal advice."}