Okla. Stat. tit. 21, § 21-1111.1

A. Rape by instrumentation, a Class A2 felony offense, is an

act within or without the bonds of matrimony in which any inanimate

object or any part of the human body, not amounting to sexual

intercourse is used in the carnal knowledge of another person

without his or her consent and penetration of the anus or vagina

occurs to that person.

B. Provided, further, that at least one of the circumstances

specified in Section 1111 of this title has been met; further, where

the victim is:

1. At least sixteen (16) years of age and is less than twenty

(20) years of age and is a student, or under the legal custody or

supervision of any public or private elementary or secondary school,

junior high or high school, or public vocational school, and engages

in conduct prohibited by this section of law with a person who is

eighteen (18) years of age or older and is an employee of a school

system;

2. Under the legal custody or supervision of a state or federal

agency, county, municipal or a political subdivision and engages in

conduct prohibited by this section of law with a federal, state,

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, consent shall not be an element of the crime;

3. Nineteen (19) years of age or younger and in the legal

custody of a state agency, federal agency or tribal court and

Oklahoma Statutes - Title 21. Crimes and Punishments Page 481

engages in conduct prohibited by this section of law with a foster

parent or foster parent applicant; or

4. A student at a secondary school, is concurrently enrolled at

an institution of higher education, and engages in acts pursuant to

this section with a perpetrator who is an employee of the

institution of higher education of which the student is enrolled.

C. "Employee of an institution of higher education", for

purposes of this section, means faculty, adjunct faculty,

instructors, volunteers, or an employee of a business contracting

with an institution of higher education who may exercise, at any

time, institutional authority over the victim. Employee of an

institution of higher education shall not include an enrolled

student who is not more than three (3) years of age or older than

the concurrently enrolled student and who is employed or

volunteering, in any capacity, for the institution of higher

education.

D. Except for persons sentenced to life or life without parole,

any person sentenced to imprisonment for two (2) years or more for a

violation of this section shall be required to serve a term of post-

imprisonment supervision pursuant to subparagraph f of paragraph 1

of subsection A of Section 991a of Title 22 of the Oklahoma Statutes

under conditions determined by the Department of Corrections. The

jury shall be advised that the mandatory post-imprisonment

supervision shall be in addition to the actual imprisonment.