SUBPART C. RAPE AND SEXUAL BATTERY

§41. Rape; defined

            A. Rape is the act of anal, oral, or vaginal sexual intercourse with a male or female person committed without the person's lawful consent.

            B. Emission is not necessary, and any sexual penetration, when the rape involves vaginal or anal intercourse, whether the penetration is accomplished using the genitals of the offender or victim or using any instrumentality and however slight, is sufficient to complete the crime.

            C. For purposes of this Subpart, "oral sexual intercourse" means the intentional engaging in any of the following acts with another person:

            (1) The touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender.

            (2) The touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim.

            D. For purposes of this Subpart, "anal sexual intercourse" and "vaginal sexual intercourse" mean the intentional engaging in any of the following acts with another person:

            (1) The penetration of the victim's anus or vagina by the offender using the genitals of the offender.

            (2) The penetration of the offender's anus or vagina by the victim using the genitals of the victim.

            (3) The penetration of the victim's anus or vagina by the offender using any instrumentality, except that normal medical treatment or normal sanitary care shall not be construed as sexual intercourse under the provisions of this Section.

            (4) The penetration of the offender's anus or vagina by the victim using any instrumentality except that normal medical treatment or normal sanitary care shall not be construed as sexual intercourse under the provisions of this Section.

            Acts 1978, No. 239, §1. Acts 1985, No. 587, §1; Acts 1990, No. 722, §§1, 2; Acts 2001, No. 301, §1; Acts 2022, No. 173, §1.