Okla. Stat. tit. 2, § 2-1110

§ 251, emerg. eff. April 30, 2001.

§21-1111. Rape defined.

A. Rape is an act of sexual intercourse involving vaginal or

anal penetration accomplished with a male or female who is not the

spouse of the perpetrator and who may be of the same or the opposite

sex as the perpetrator under any of the following circumstances:

Oklahoma Statutes - Title 2. Agriculture Page 759

1. Where the victim is under sixteen (16) years of age; or

2. Where the victim is incapable through mental illness or any

other unsoundness of mind, whether temporary or permanent, of giving

legal consent; or

3. Where force or violence is used or threatened, accompanied

by apparent power of execution to the victim or to another person;

or

4. Where the victim is intoxicated by a narcotic or anesthetic

agent, administered by or with the privity of the accused as a means

of forcing the victim to submit; or

5. Where the victim is at the time unconscious of the nature of

the act and this is known to the accused; or

6. Where the victim submits to sexual intercourse under the

belief that the person committing the act is a spouse, and this

belief is induced by artifice, pretense, or concealment practiced by

the accused or by the accused in collusion with the spouse with

intent to induce that belief. In all cases of collusion between the

accused and the spouse to accomplish such act, both the spouse and

the accused, upon conviction, shall be deemed guilty of rape; or

7. Where the victim is under the legal custody or supervision

of a state agency, a federal agency, a county, a municipality or a

political subdivision and engages in sexual intercourse with a

state, federal, county, municipal or political subdivision employee

or an employee of a contractor of the state, the federal government,

a county, a municipality or a political subdivision that exercises

authority over the victim.

B. Rape is an act of sexual intercourse accomplished with a

male or female who is the spouse of the perpetrator if force or

violence is used or threatened, accompanied by apparent power of

execution to the victim or to another person.

R.L. 1910, § 2414. Amended by Laws 1981, c. 325, § 1; Laws 1983, c.

41, § 1, eff. Nov. 1, 1983; Laws 1984, c. 134, § 1, eff. Nov. 1,

1984; Laws 1990, c. 224, § 2, eff. Sept. 1, 1990; Laws 1993, c. 62,

§ 1, eff. Sept. 1, 1993; Laws 1995, c. 22, § 1, eff. Nov. 1, 1995;