1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 615 By: Hamilton
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6 AS INTRODUCED
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7 An Act relating to age of consent; amending 21 O.S.
7 2021, Section 1111, as last amended by Section 2,
8 Chapter 260, O.S.L. 2022 (21 O.S. Supp. 2022, Section
8 1111), which relates to rape; modifying element of
9 certain crime; increasing age of consent for sexual
9 intercourse; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1111, as
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14 last amended by Section 2, Chapter 260, O.S.L. 2022 (21 O.S. Supp.
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15 2022, Section 1111), is amended to read as follows:
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16 Section 1111. A. Rape is an act of sexual intercourse
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17 involving vaginal or anal penetration accomplished with a male or
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18 female who is not the spouse of the perpetrator and who may be of
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19 the same or the opposite sex as the perpetrator under any of the
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20 following circumstances:
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21 1. Where the victim is under sixteen (16) eighteen (18) years
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22 of age;
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 1 2. Where the victim is incapable through mental illness or any
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2 other unsoundness of mind, whether temporary or permanent, of giving
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3 legal consent;
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4 3. Where force or violence is used or threatened, accompanied
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5 by apparent power of execution to the victim or to another person;
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6 4. Where the victim is intoxicated by a narcotic or anesthetic
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7 agent, administered by or with the privity of the accused as a means
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8 of forcing the victim to submit;
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9 5. Where the victim is at the time unconscious of the nature of
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10 the act and this fact is known to the accused;
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11 6. Where the victim submits to sexual intercourse under the
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12 belief that the person committing the act is a spouse, and this
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13 belief is induced by artifice, pretense, or concealment practiced by
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14 the accused or by the accused in collusion with the spouse with
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15 intent to induce that belief. In all cases of collusion between the
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16 accused and the spouse to accomplish such act, both the spouse and
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17 the accused, upon conviction, shall be deemed guilty of rape;
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18 7. Where the victim is under the legal custody or supervision
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19 of a state agency, a federal agency, a county, a municipality or a
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20 political subdivision and engages in sexual intercourse with a
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21 state, federal, county, municipal or political subdivision employee
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22 or an employee of a contractor of the state, the federal government,
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23 a county, a municipality or a political subdivision that exercises
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24 authority over the victim, or the subcontractor or employee of a
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 1 subcontractor of the contractor of the state or federal government,
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2 a county, a municipality or a political subdivision that exercises
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3 authority over the victim;
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4 8. Where the victim is at least sixteen (16) years of age and
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5 is less than twenty (20) years of age and is a student, or under the
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6 legal custody or supervision of any public or private elementary or
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7 secondary school, junior high or high school, or public vocational
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8 school, and engages in sexual intercourse with a person who is
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9 eighteen (18) years of age or older and is an employee of a school
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10 system;
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11 9. Where the victim is nineteen (19) years of age or younger
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12 and is in the legal custody of a state agency, federal agency or
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13 tribal court and engages in sexual intercourse with a foster parent
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14 or foster parent applicant; or
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15 10. Where the victim is a student at a secondary school, is
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16 concurrently enrolled at an institution of higher education, and
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17 engages in acts pursuant to this subsection with a perpetrator who
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18 is an employee of the institution of higher education of which the
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19 victim is enrolled.
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20 B. “Employee of an institution of higher education”, for
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21 purposes of this section, means faculty, adjunct faculty,
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22 instructors, volunteers, or an employee of a business contracting
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23 with an institution of higher education who may exercise, at any
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24 time, institutional authority over the victim. Employee of an
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 1 institution of higher education shall not include an enrolled
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2 student who is not more than three (3) years of age or older than
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3 the concurrently enrolled student and who is employed or
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4 volunteering, in any capacity, for the institution of higher
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5 education.
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6 C. Rape is an act of sexual intercourse accomplished with a
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7 male or female who is the spouse of the perpetrator if force or
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8 violence is used or threatened, accompanied by apparent power of
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9 execution to the victim or to another person.
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10 SECTION 2. This act shall become effective November 1, 2023.
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12 59-1-285 TEK 1/17/2023 7:50:03 PM
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Statutes affected:
Introduced: 21-1111
House Committee Substitute for Senate Bill: 21-1111
Floor (House): 21-1111
Floor (Senate): 21-1111
Engrossed: 21-1111