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SEXUAL OFFENSES

This subchapter is included in your selections.
This section is included in your selections.

A. Rape in the first degree occurs when an act of sexual intercourse involving vaginal or anal penetration is accomplished under any of the following circumstances:

1. When the perpetrator is over eighteen (18) years of age and the victim is under fourteen (14) years of age;

2. When the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;

3. When force or violence is used or threatened, accompanied by the apparent ability of execution regardless of the age of the perpetrator;

4. When 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. When the victim is at the time unconscious of the nature of the act and this fact is known to the accused;

6. When 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. When the victim is under the legal custody or supervision of a Tribal agency, state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a Tribal, state, federal, county, municipal or political subdivision employee or an employee of a contractor of the Tribe, state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim;

8. When 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, middle school 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 the same school system; or

9. When 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 legal guardian.

B. Any person who commits rape in the first degree, as defined herein, shall be guilty of committing the criminal offense of rape in the first degree.

C. Any person convicted of committing the criminal offense of rape in the first degree shall be required to register as a Tier 3 sex offender pursuant to 6 ONC § 5-301 et seq., Sex Offender Registration and Notification; and shall be guilty of a crime punishable by imprisonment in the Tribal Jail not to exceed three years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by banishment for a period not less than five years nor more than life, or any combination of the above. ONCA 22-33, eff. Apr. 25, 2022.