MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
Section 213.2. Deviate Sexual Intercourse by Force or Imposition.

 (1) By Force or Its Equivalent.  A person who engages in deviate sexual intercourse with another person, or who causes another to engage in deviate sexual intercourse, commits a felony of the second degree if:

  (a) he compels the other person to participate by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone;  or

  (b) he has substantially impaired the other person's power to appraise or control his conduct, by administering or employing without the knowledge of the other person drugs, intoxicants or other means for the purpose of preventing resistance;  or

  (c) the other person is unconscious;  or

  (d) the other person is less than 10 years old.

 (2) By Other Imposition.  A person who engages in deviate sexual intercourse with another person, or who causes another to engage in deviate sexual intercourse, commits a felony of the third degree if:

  (a) he compels the other person to participate by any threat that would prevent resistance by a person of ordinary resolution;  or

  (b) he knows that the other person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct;  or

  (c) he knows that the other person submits because he is unaware that a sexual act is being committed upon him.