MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
Husbands and Wives

Section 2.09. Duress.

  (1) It is an affirmative defense that the actor engaged in the conduct charged to constitute an offense because he was coerced to do so by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of reasonable firmness in his situation would have been unable to resist.

  (2) The defense provided by this Section is unavailable if the actor recklessly placed himself in a situation in which it was probable that he would be subjected to duress.  The defense is also unavailable if he was negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged.

  (3) It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense under this Section.  [The presumption that a woman, acting in the presence of her husband, is coerced is abolished.]
 
 

Section 213.0. Definitions.

 In this Article, unless a different meaning plainly is required:

* * *

  (3) "Deviate sexual intercourse" means sexual intercourse per os or per anus between human beings who are not husband and wife, and any form of sexual intercourse with an animal.
 
 

Section 213.1. Rape and Related Offenses.

 (1) Rape.  A male who has sexual intercourse with a female not his wife is guilty of rape if:

  (a) he compels her to submit 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 her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants or other means for the purpose of preventing resistance;  or

  (c) the female is unconscious;  or

  (d) the female is less than 10 years old.

 Rape is a felony of the second degree unless (i) in the course thereof the actor inflicts serious bodily injury upon anyone, or (ii) the victim was not a voluntary social companion of the actor upon the occasion of the crime and had not previously permitted him sexual liberties, in which cases the offense is a felony of the first degree.

 (2) Gross Sexual Imposition.  A male who has sexual intercourse with a female not his wife commits a felony of the third degree if:

  (a) he compels her to submit by any threat that would prevent resistance by a woman of ordinary resolution;  or

  (b) he knows that she suffers from a mental disease or defect which renders her incapable of appraising the nature of her conduct;  or

  (c) he knows that she is unaware that a sexual act is being committed upon her or that she submits because she mistakenly supposes that he is her husband.
 
 

Section 213.3. Corruption of Minors and Seduction.

 (1) Offense Defined.  A male who has sexual intercourse with a female not his wife, or any person who engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse, is guilty of an offense if:

* * *

  (d) the other person is a female who is induced to participate by a promise of marriage which the actor does not mean to perform.

 

Section 213.4. Sexual Assault.

 A person who has sexual contact with another not his spouse, or causes such other to have sexual contact with him, is guilty of sexual assault, a misdemeanor, if:

  (1) he knows that the contact is offensive to the other person;  or

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

  (3) he knows that the other person is unaware that a sexual act is being committed;  or

  (4) the other person is less than 10 years old;  or

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

  (6) the other person is less than [16] years old and the actor is at least [4] years older than the other person;  or

  (7) the other person is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare;  or

  (8) the other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him.

 Sexual contact is any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire.
 
 

Section 213.5. Indecent Exposure.

 A person commits a misdemeanor if, for the purpose of arousing or gratifying sexual desire of himself or of any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm.
 
 

Section 213.6. Provisions Generally Applicable to Article 213.
 
* * *

 (2) Spouse Relationships.  Whenever in this Article the definition of an offense excludes conduct with a spouse, the exclusion shall be deemed to extend to persons living as man and wife, regardless of the legal status of their relationship.  The exclusion shall be inoperative as respects spouses living apart under a decree of judicial separation.  Where the definition of an offense excludes conduct with a spouse or conduct by a woman, this shall not preclude conviction of a spouse or woman as accomplice in a sexual act which he or she causes another person, not within the exclusion, to perform.

* * *
 
 

Section 223.1. Consolidation of Theft Offenses;  Grading;  Provisions Applicable to Theft Generally.

* * *

 (4) Theft from Spouse.  It is no defense that theft was from the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft only if it occurs after the parties have ceased living together.