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ENGROSSED SENATE
BILL NO. 445 By: Hamilton, Jett, Burns,
Bullard, Deevers,
Standridge, McIntosh,
Grellner, Wingard, Woods,
Sacchieri, Hines, Murdock,
Frix, and Guthrie of the
Senate
and
Turner of the House
An Act relating to age of consent; amen ding 21 O.S.
2021, Sections 1111, as last amended by Section 8,
Chapter 452, O.S.L. 2024 , and 1112 (21 O.S. Supp.
2024, Section 1111), which relate to rape; increasing
age of consent for sexual intercourse; modifying
criteria for certain offense; updating statutory
language; 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, Chapt er 452, 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:
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1. Where the victim is under sixteen (16) 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 anest hetic
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 sexu al 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,
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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 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 pe rson 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 c ustody 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 e ducation, 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, m eans faculty, adjunct faculty,
instructors, volunteers, or an employee of a business contracting
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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.
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) sixteen (16) years of age or
older, 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 preserva tion
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.
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Passed the Senate the 25th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives