21-3502. Rape.
21-3502
21-3502. Rape.(a) Rape is: (1) Sexual intercoursewith a person who does not consent to the sexual intercourse, under any ofthe following circumstances:
(A) When the victim is overcome by force or fear;
(B) when the victim is unconscious or physically powerless; or
(C) when the victim is incapable of giving consent because ofmental deficiency or disease,or when the victim is incapable of giving consent because of the effect ofany alcoholic liquor, narcotic, drug or other substance,which condition was known by the offender orwas reasonably apparent to the offender;
(2) sexual intercourse with a child who is under 14 years of age;
(3) sexual intercourse with a victimwhen the victim's consent was obtainedthrough a knowing misrepresentation made by the offender that the sexualintercourse was a medically or therapeutically necessary procedure; or
(4) sexual intercourse with a victim when the victim's consent was obtainedthrough a knowing misrepresentation made by the offender that the sexualintercourse was a legally required procedure within the scope of the offender'sauthority.
(b) It shall be a defense to a prosecution of rape under subsection (a)(2)that the child was married to the accused at the time of the offense.
(c) Except as provided further, rape as described insubsection (a)(1) or (2) is a severity level 1, person felony.Rape as described in subsection (a)(2), when the offender is 18 years of ageor older, is an off-grid person felony.Rape as described in subsection (a)(3) or (4) is a severity level 2, personfelony.
History: L. 1969, ch. 180, § 21-3502; L. 1978, ch. 120, § 1;L. 1983, ch. 109, § 2;L. 1993, ch. 253, § 1;L. 1993, ch. 253, § 2;L. 1996, ch. 258, § 3;L. 2006, ch. 212, § 8; July 1.