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21-1111.


21-1111.
   
   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; or
   
   2. Where the victim is incapable through mental illness or any other
   unsoundness of mind, whether temporary or permanent, of giving legal
   consent; or
   
   3. Where force or violence is used or threatened, accompanied by
   apparent power of execution to the victim or to another person; or
   
   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; or
   
   5. Where the victim is at the time unconscious of the nature of the
   act and this is known to the accused; or
   
   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 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; or
   
   7. Where the victim is under the legal custody or supervision of a
   state agency, a county, a municipality or a political subdivision and
   engages in sexual intercourse with a state, county, municipal or
   political subdivision employee or an employee of a contractor of the
   state, a county, a municipality or a political subdivision that
   exercises authority over the victim.
   
   B. Rape is an act of sexual intercourse accomplished with a male or
   female who is the spouse of the perpetrator if force or violence is
   used or threatened, accompanied by apparent power of execution to the
   victim or to another person.
   

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