Okla. Stat. tit. 21, § 21-1111v3

Oklahoma Statutes - Title 21. Crimes and Punishments Page 485

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

anal penetration accomplished with a male or female within or

without the bonds of matrimony who may be of the same or the

opposite sex as the perpetrator under any of the following

circumstances:

1. Where the victim is under eighteen (18) years of age;

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

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

legal consent;

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

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

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;

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

the act and this fact is known to the accused;

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;

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, or the subcontractor or employee of a

subcontractor of the contractor of the state or federal government,

a county, a municipality, or a political subdivision that exercises

authority over the victim;

8. Where the victim 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 sexual

intercourse with a person who is eighteen (18) years of age or older

and is an employee of a school system;

9. Where the victim is nineteen (19) years of age or younger

and is in the legal custody of a state agency, federal agency, or

tribal court and engages in sexual intercourse with a foster parent

or foster parent applicant; or

10. Where the victim is a student at a secondary school, is

concurrently enrolled at an institution of higher education, and

engages in acts pursuant to this subsection with a perpetrator who

Oklahoma Statutes - Title 21. Crimes and Punishments Page 486

is an employee of the institution of higher education at which the

victim is enrolled.

B. "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.

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;