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28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 58th Legislature (2021)
31	31
32	32	HOUSE BILL 2715 By: Bell
33	33
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35	35
36	36
37	37
38	38	AS INTRODUCED
39	39
40	40	An Act relating to crimes and punishments; amending
41	41	21 O.S. 2011, Section 1111, as last amended by
42	42	Section 3, Chapter 167, O.S.L. 2018 (21 O.S. Supp.
43	43	2020, Section 1111), which relates to the definition
44	44	of rape; modifying elements of spousal rape; and
45	45	providing an effective date .
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49	49
50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 2 1 O.S. 2011, Section 1111, as
52	52	last amended by Section 3, Chapter 167, O.S.L. 2018 (21 O.S. Supp.
53	53	2020, Section 1111), is amended to read as follows:
54	54	Section 1111. A. Rape is an act of sexual intercourse
55	55	involving vaginal or anal penetration accomplished with a male or
56	56	female who is not the spouse of the perpetrator and who may be of
57	57	the same or the opposite sex as the perpetrator under any of the
58	58	following circumstances:
59	59	1. Where the victim is under sixteen (16) years of age;
60	60	2. Where the victim is inca pable through mental illness or any
61	61	other unsoundness of mind, whether temporary or permanent, of giving
62	62	legal consent;
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89	89	3. Where force or violence is used or threatened, accompanied
90	90	by apparent power of execution to the victim or to another person;
91	91	4. Where the victim is intoxicated by a narcotic or anesthetic
92	92	agent, administered by or with the privity of the accused as a means
93	93	of forcing the victim to submit;
94	94	5. Where the victim is at the time unconscious of the nature of
95	95	the act and this fact is known to the accused;
96	96	6. Where the victim submits to sexual intercourse under the
97	97	belief that the person committing the act is a spouse, and this
98	98	belief is induced by artifice, pretense, or concealment practiced by
99	99	the accused or by the accused in collusion wit h the spouse with
100	100	intent to induce that belief. In all cases of collusion between the
101	101	accused and the spouse to accomplish such act, both the spouse and
102	102	the accused, upon conviction, shall be deemed guilty of rape;
103	103	7. Where the victim is under the legal custody or supervision
104	104	of a state agency, a federal agency, a county, a municipality or a
105	105	political subdivision and engages in sexual intercourse with a
106	106	state, federal, county, municipal or political subdivision employee
107	107	or an employee of a contractor of t he state, the federal government,
108	108	a county, a municipality or a political subdivision that exercises
109	109	authority over the victim, or the subcontractor or employee of a
110	110	subcontractor of the contractor of the state or federal government,
111	111	a county, a municipali ty or a political subdivision that exercises
112	112	authority over the victim;
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139	139	8. Where the victim is at least sixteen (16) years of age and
140	140	is less than twenty (20) years of age and is a student, or under the
141	141	legal custody or supervision of any public or privat e elementary or
142	142	secondary school, junior high or high school, or public vocational
143	143	school, and engages in sexual intercourse with a person who is
144	144	eighteen (18) years of age or older and is an employee of the same
145	145	school system;
146	146	9. Where the victim is nine teen (19) years of age or younger
147	147	and is in the legal custody of a state agency, federal agency or
148	148	tribal court and engages in sexual intercourse with a foster parent
149	149	or foster parent applicant; or
150	150	10. Where the victim is at least sixteen (16) years of ag e but
151	151	less than eighteen (18) years of age and the perpetrator of the
152	152	crime is a person responsible for the child 's health, safety or
153	153	welfare. "Person responsible for a child 's health, safety or
154	154	welfare" shall include, but not be limited to:
155	155	a. a parent,
156	156	b. a legal guardian,
157	157	c. custodian,
158	158	d. a foster parent,
159	159	e. a person eighteen (18) years of age or older with whom
160	160	the child's parent cohabitates,
161	161	f. any other adult residing in the home of the child,
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188	188	g. an agent or employee of a public or private
189	189	residential home, institution, facility or day
190	190	treatment program as defined in Section 175.20 of
191	191	Title 10 of the Oklahoma Statutes, or
192	192	h. an owner, operator or employee of a child care
193	193	facility, as defined by Section 402 of Title 10 of the
194	194	Oklahoma Statutes.
195	195	B. Rape is an act of sexual intercourse accomplished with a
196	196	male or female who is the spouse of the perpetrator if force:
197	197	1. Force or violence is used or threatened, accompanied by
198	198	apparent power of execution to the victim or to another person ;
199	199	2. The victim is incapable through mental illness o r any other
200	200	unsoundness of mind, whether temporary or permanent, of giving legal
201	201	consent;
202	202	3. The victim is intoxicated by a narcotic or anesthetic agent,
203	203	administered by or with the privity of the accused as a means of
204	204	forcing the victim to submit; or
205	205	4. The victim is at the time unconscious of the nature of the
206	206	act and this fact is known to the accused .
207	207	SECTION 2. This act shall become effective November 1, 2021.
208	208
209	209	58-1-6302 GRS 12/14/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2715 Compare Versions