§42.1. Second degree rape
A. Second degree rape is rape committed when the anal, oral, or vaginal sexual
intercourse is deemed to be without the lawful consent of the victim because it is committed
under any one or more of the following circumstances:
(1) When the victim is prevented from resisting the act by force or threats of physical
violence under circumstances where the victim reasonably believes that such resistance
would not prevent the rape.
(2) When the victim is incapable of resisting or of understanding the nature of the
act by reason of stupor or abnormal condition of the mind produced by a narcotic or
anesthetic agent or other controlled dangerous substance administered by the offender and
without the knowledge of the victim.
B. Whoever commits the crime of second degree rape shall be imprisoned at hard
labor, without benefit of probation, parole, or suspension of sentence, for not less than five
nor more than forty years.
C. For all purposes, "forcible rape" and "second degree rape" mean the offense
defined by the provisions of this Section and any reference to the crime of forcible rape is the
same as a reference to the crime of second degree rape. Any act in violation of the provisions
of this Section committed on or after August 1, 2015, shall be referred to as "second degree
rape".
Acts 1978, No. 239, §1. Acts 1984, No. 569, §1; Acts 1997, No. 862, §1; Acts 2001,
No. 301, §1; Acts 2015, No. 184, §1; Acts 2015, No. 256, §1; Acts 2020, No. 32, §1.