ENGROSSED SENATE
BILL NO. 175	By:	Griffin and Johnson (Constance) of the Senate

			and

		Denney of the House

[ rape - definition of rape - modifying definition - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1111, is amended to read as follows:
Section 1111.  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:
1.  Where the victim is under sixteen (16) 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
8.  Where the victim is 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 sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system; or
9.  Where the victim is at least sixteen (16) years of age and is less than eighteen (18) years of age and engages in sexual intercourse at any time during the victim's participation in a church youth program or membership in a church or place of worship with a person who is eighteen (18) years of age or older and is an employee or volunteer employee of the same church or ministry, despite whether the conduct occurs at a place other than the youth program locations or church or place of worship.
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.
SECTION 2.  This act shall become effective November 1, 2013.
Passed the Senate the 28th day of February, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives