{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-920","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-920","heading":"Sexual assault generally","body":"ARTICLE 120. Sexual assault generally.\n\nA. Sexual assault. Any person subject to the Oklahoma Uniform\n\nCode of Military Justice who:\n\n1. Commits a sexual act upon another person by:\n\na. threatening or placing that other person in fear,\n\nb. making a fraudulent representation that the sexual act\n\nserves a professional purpose, or\n\nc. inducing a belief by any artifice, pretense, or\n\nconcealment that the person is another person;\n\n2. Commits a sexual act upon another person:\n\na. without the consent of the other person, or\n\nb. when the person knows or reasonably should know that\n\nthe other person is asleep, unconscious, or otherwise\n\nunaware that the sexual act is occurring; or\n\n3. Commits a sexual act upon another person when the other\n\nperson is incapable of consenting to the sexual act due to:\n\na. impairment by any drug, intoxicant, or other similar\n\nsubstance, and that condition is known or reasonably\n\nshould be known by the person, or\n\nb. a mental disease or defect, or physical disability,\n\nand that condition is known or reasonably should be\n\nknown by the person,\n\nis guilty of sexual assault and shall be punished as a court-martial\n\nmay direct.\n\nB. Aggravated sexual contact. Any person subject to the\n\nOklahoma Uniform Code of Military Justice who commits or causes\n\nsexual contact upon or by another person, if to do so would violate\n\nSection 1111 of Title 21 of the Oklahoma Statutes, had the sexual\n\ncontact been a sexual act as defined in subsection F of this\n\nsection, is guilty of aggravated sexual contact and shall be\n\npunished as a court-martial may direct.\n\nC. Abusive sexual contact. Any person subject to the Code who\n\ncommits or causes sexual contact upon or by another person, if to do\n\nso would violate subsection A of this section had the sexual contact\n\nbeen a sexual act, is guilty of abusive sexual contact and shall be\n\npunished as a court-martial may direct.\n\nD. Proof of threat. In a prosecution under this section, in\n\nproving that a person made a threat, it need not be proven that the\n\nperson actually intended to carry out the threat or had the ability\n\nto carry out the threat.\n\nE. Defenses. An accused may raise any applicable defenses\n\navailable under the Code or the Rules for Court-Martial contained in\n\nthe most recent edition of the Manual for Courts-Martial, United\n\nStates, including all amendments thereto adopted from time to time,\n\nexcept when such rules are contrary to or inconsistent with the\n\nCode. Marriage is not a defense for any conduct in issue in any\n\nprosecution under this section.\n\nF. Definitions. In this section:\n\n1. Sexual act. The term \"sexual act\" means:\n\na. the penetration, however slight, of the penis into the\n\nvulva or anus or mouth,\n\nb. contact between the mouth and the penis, vulva,\n\nscrotum, or anus, or\n\nc. the penetration, however slight, of the vulva or penis\n\nor anus of another by any part of the body or any\n\nobject, with an intent to abuse, humiliate, harass, or\n\ndegrade any person or to arouse or gratify the sexual\n\ndesire of any person;\n\n2. Sexual contact. The term \"sexual contact\" means touching,\n\nor causing another person to touch, either directly or through the\n\nclothing, the vulva, penis, scrotum, anus, groin, breast, inner\n\nthigh, or buttocks of any person, with an intent to abuse,\n\nhumiliate, harass, or degrade any person or to arouse or gratify the\n\nsexual desire of any person. Touching may be accomplished by any\n\npart of the body or an object;\n\n3. Grievous bodily harm. The term \"grievous bodily harm\" means\n\nserious bodily injury. It includes fractured or dislocated bones,\n\ndeep cuts, torn members of the body, serious damage to internal\n\norgans, and other severe bodily injuries. It does not include minor\n\ninjuries such as a black eye or a bloody nose;\n\n4. Force. The term \"force\" means:\n\na. the use of a weapon,\n\nb. the use of such physical strength or violence as is\n\nsufficient to overcome, restrain, or injure a person,\n\nor\nIt includes fractured or dislocated bones,\n\ndeep cuts, torn members of the body, serious damage to internal\n\norgans, and other severe bodily injuries. It does not include minor\n\ninjuries such as a black eye or a bloody nose;\n\n4. Force. The term \"force\" means:\n\na. the use of a weapon,\n\nb. the use of such physical strength or violence as is\n\nsufficient to overcome, restrain, or injure a person,\n\nor\n\nc. inflicting physical harm sufficient to coerce or\n\ncompel submission by the victim;\n\n5. Unlawful force. The term \"unlawful force\" means an act of\n\nforce done without legal justification or excuse;\n\n6. Threatening or placing that other person in fear. The term\n\n\"threatening or placing that other person in fear\" means a\n\ncommunication or action that is of sufficient consequence to cause a\n\nreasonable fear that noncompliance will result in the victim or\n\nanother person being subjected to the wrongful action contemplated\n\nby the communication or action;\n\n7. Consent.\n\na. the term \"consent\" means a freely given agreement to\n\nthe conduct at issue by a competent person. An\n\nexpression of lack of consent through words or conduct\n\nmeans there is no consent. Lack of verbal or physical\n\nresistance does not constitute consent. Submission\n\nresulting from the use of force, threat of force, or\n\nplacing another person in fear also does not\n\nconstitute consent. A current or previous dating or\n\nsocial or sexual relationship by itself or the manner\n\nof dress of the person involved with the accused in\n\nthe conduct at issue does not constitute consent,\n\nb. a sleeping, unconscious, or incompetent person cannot\n\nconsent. A person cannot consent to force causing or\n\nlikely to cause death or grievous bodily harm or to\n\nbeing rendered unconscious. A person cannot consent\n\nwhile under threat or in fear or under the\n\ncircumstances described in subparagraph b or c of\n\nparagraph 1 of subsection A of this section,\n\nc. all the surrounding circumstances are to be considered\n\nin determining whether a person gave consent; and\n\n8. Incapable of consenting. The term \"incapable of consenting\"\n\nmeans the person is:\n\na. incapable of appraising the nature of the conduct at\n\nissue, or\n\nb. physically incapable of declining participation in, or\n\ncommunicating unwillingness to engage in, the sexual\n\nact at issue.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3b025273893c934ef1771d781ab4682e9e6bcfc47d94cb2e1bca1c185259913a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-917a","next":"us-ok/okla.-stat.-tit.-44-44-920c"},"notice":"GroundRules: Original legal text. Not legal advice."}