RAPE IN THE FIRST DEGREE - ELEMENTS
No person may be convicted of rape in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, sexual intercourse;
Second, with a person who was not the spouse of the defendant [and who may be of the same sex as the defendant];
[Third, where the defendant was over the age of eighteen, and the victim was under the age of fourteen].
[Third, where the victim was incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent].
[Third, where the victim was intoxicated by a/an narcotic/(anesthetic agent);
[Fourth, (given by)/(with the knowledge of) the defendant;
[Fifth, as a means of forcing the victim to submit].
[Third, where the victim was at the time unconscious of the nature of the act and this fact was known by the defendant].
[Third, [where force/violence was used against (the victim)/(another person)]/ [where force/violence was threatened against (the victim)/(another person) and the defendant had the apparent power to carry out the threat of force/violence].
Statutory Authority: 21 O.S. 2011, §§ 1111(A), 1114.
Notes on Use
The trial court should read the bracketed language in the second element only if the defendant was of the same sex as the victim. In the third element the trial court should read only the alternative (or alternatives) that is (or are) supported by the evidence.