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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2715 By: Bell
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2011, Section 1111, as last amended by
Section 3, Chapter 167, O.S.L. 2018 (21 O.S. Supp.
2020, Section 1111), which relates to the definition
of rape; modifying elements of spousal rape; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 1 O.S. 2011, Section 1111, as
last amended by Section 3, Chapter 167, O.S.L. 2018 (21 O.S. Supp.
2020, 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 inca pable through mental illness or any
other unsoundness of mind, whether temporary or permanent, of giving
legal consent;
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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 wit h 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 t he 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 municipali ty or a political subdivision that exercises
authority over the victim;
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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 privat e 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;
9. Where the victim is nine teen (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 at least sixteen (16) years of ag e but
less than eighteen (18) years of age and the perpetrator of the
crime is a person responsible for the child 's health, safety or
welfare. "Person responsible for a child 's health, safety or
welfare" shall include, but not be limited to:
a. a parent,
b. a legal guardian,
c. custodian,
d. a foster parent,
e. a person eighteen (18) years of age or older with whom
the child's parent cohabitates,
f. any other adult residing in the home of the child,
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g. an agent or employee of a public or private
residential home, institution, facility or day
treatment program as defined in Section 175.20 of
Title 10 of the Oklahoma Statutes, or
h. an owner, operator or employee of a child care
facility, as defined by Section 402 of Title 10 of the
Oklahoma Statutes.
B. Rape is an act of sexual intercourse accomplished with a
male or female who is the spouse of the perpetrator if force:
1. Force or violence is used or threatened, accompanied by
apparent power of execution to the victim or to another person ;
2. The victim is incapable through mental illness o r any other
unsoundness of mind, whether temporary or permanent, of giving legal
consent;
3. 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
4. The victim is at the time unconscious of the nature of the
act and this fact is known to the accused .
SECTION 2. This act shall become effective November 1, 2021.
58-1-6302 GRS 12/14/20