MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
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 213.2. 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.