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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 445 By: Hamilton
AS INTRODUCED
An Act relating to age of consent; amending 21 O.S.
2021, Section 1111, as last amended by Section 8,
Chapter 452, O.S.L. 2024 (21 O.S. Supp. 2024, Section
1111), which relates to rape; increasing age of
consent for sexual intercourse; modifying criteria
for certain offense; updating statutory language;
amending 21 O.S. 2021, Section 1112, which relates to
age limitations on conviction fo r rape; modifying
elements of certain offense; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1111, as
last amended by Section 8, Chapter 4 52, O.S.L. 2024 (21 O.S. Supp.
2024, 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 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 sixteen (16) eighteen (18) years
of age;
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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 anestheti c
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 i ntercourse 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 agen cy, 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 municipa lity, or a political subdivision that exercises
authority over the victim, or the subcontractor or employee of a
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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 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 hig h 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 custo dy 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 educa tion, and
engages in acts pursuant to this subsection with a perpetrator who
is an employee of the institution of higher education of 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
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institution of higher education sha ll 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.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1112, is
amended to read as follows:
Section 1112. No person can be convicted of rape or rape by
instrumentation on account of an act of sexual intercourse with
anyone over the age of fourteen (14) years and under the age of
eighteen (18) years, with his or her consent, unless such person was
over the age of eighteen (18) years more than four (4) years older
than the other person at the time of such act.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-443 CN 1/8/2025 8:26:40 AM