MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
 Section 213.6. Provisions Generally Applicable to Article 213.

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 (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.

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