Oklahoma § 21-1111.1 - Rape by instrumentation

Full text of Oklahoma Oklahoma Statutes § 21-1111.1 — Rape by instrumentation, with citation guidance and answers to common questions.

§ 21-1111.1. Rape by instrumentation

A. Rape by instrumentation, a Class A2 felony offense, is an

act within or without the bonds of matrimony in which any inanimate

object or any part of the human body, not amounting to sexual

intercourse is used in the carnal knowledge of another person

without his or her consent and penetration of the anus or vagina

occurs to that person.

B. Provided, further, that at least one of the circumstances

specified in Section 1111 of this title has been met; further, where

the victim is:

1. 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 conduct prohibited by this section of law with a person who is

eighteen (18) years of age or older and is an employee of a school

system;

2. Under the legal custody or supervision of a state or federal

agency, county, municipal or a political subdivision and engages in

conduct prohibited by this section of law with a federal, state,

county, municipal or political subdivision employee or an employee

of a contractor of the state, the federal government, a county, a

municipality or a political subdivision that exercises authority

over the victim, consent shall not be an element of the crime;

3. Nineteen (19) years of age or younger and in the legal

custody of a state agency, federal agency or tribal court and

Oklahoma Statutes - Title 21. Crimes and Punishments

engages in conduct prohibited by this section of law with a foster

parent or foster parent applicant; or

4. A student at a secondary school, is concurrently enrolled at

an institution of higher education, and engages in acts pursuant to

this section with a perpetrator who is an employee of the

institution of higher education of which the student is enrolled.

C. "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

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.

D. Except for persons sentenced to life or life without parole,

any person sentenced to imprisonment for two (2) years or more for a

violation of this section shall be required to serve a term of postimprisonment supervision pursuant to subparagraph f of paragraph 1

of subsection A of Section 991a of Title 22 of the Oklahoma Statutes

under conditions determined by the Department of Corrections. The

jury shall be advised that the mandatory post-imprisonment

supervision shall be in addition to the actual imprisonment.

Added by Laws 1981, c. 325, § 2. Amended by Laws 1987, c. 224, § 7,

eff. Nov. 1, 1987; Laws 2007, c. 261, § 17, eff. Nov. 1, 2007; Laws

2009, c. 444, § 2, eff. July 1, 2009; Laws 2015, c. 67, § 2, eff.

Nov. 1, 2015; Laws 2022, c. 260, § 3, eff. Nov. 1, 2022; Laws 2025,

c. 486, § 27, eff. Jan. 1, 2026.

§21-1111v1. Rape defined.

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) 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 anesthetic

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;

Oklahoma Statutes - Title 21. Crimes and Punishments

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;

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,

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 person who is

eighteen (18) years of age or older and is an employee of a school

system. For purposes of this section, "employee of a school system"

shall include employed and contracted school resource officers and

security guards;

9. Where the victim is nineteen (19) years of age or younger

and is in the legal custody 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 education, and

engages in acts pursuant to this subsection with a perpetrator who

is an employee of the institution of higher education of 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

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.

R.L. 1910, § 2414. Amended by Laws 1981, c. 325, § 1; Laws 1983, c.

41, § 1, eff. Nov. 1, 1983; Laws 1984, c. 134, § 1, eff. Nov. 1,

Oklahoma Statutes - Title 21. Crimes and Punishments

1984; Laws 1990, c. 224, § 2, eff. Sept. 1, 1990; Laws 1993, c. 62,

§ 1, eff. Sept. 1, 1993; Laws 1995, c. 22, § 1, eff. Nov. 1, 1995;

Laws 1999, c. 309, § 2, eff. Nov. 1, 1999; Laws 2001, c. 184, § 1,

eff. Nov. 1, 2001; Laws 2002, c. 22, § 9, emerg. eff. March 8, 2002;

Laws 2006, c. 62, § 5, emerg. eff. April 17, 2006; Laws 2015, c. 67,

§ 1, eff. Nov. 1, 2015; Laws 2017, c. 128, § 2, eff. July 1, 2017;

Laws 2018, c. 167, § 3, eff. Nov. 1, 2018; Laws 2021, c. 331, § 3,

eff. Nov. 1, 2021; Laws 2022, c. 260, § 2, eff. Nov. 1, 2022; Laws

2024, c. 452, § 8, emerg. eff. June 14, 2024; Laws 2025, c. 60, § 1,

emerg. eff. May 6, 2025.

NOTE: Laws 2001, c. 51, § 4 repealed by Laws 2002, c. 22, § 34,

emerg. eff. March 8, 2002.

NOTE: This section was purportedly repealed by Laws 2022, c. 228, §

6, emerg. eff. May 5, 2022.

§21-1111v2. Rape defined.

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) 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 anesthetic

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 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,

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,

Oklahoma Statutes - Title 21. Crimes and Punishments

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 person who is

eighteen (18) years of age or older and is an employee, contractor,

or subcontractor of a school system;

9. Where the victim is nineteen (19) years of age or younger

and is in the legal custody 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 education, and

engages in acts pursuant to this subsection with a perpetrator who

is an employee of the institution of higher education of which the

victim is enrolled.

B. “Employee of an institution of higher education”, for