(1) the other person is compelled by force or imminent threat of force;
(2) the other person is unaware that the sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring; or
(3) the other person is so mentally disabled or deficient that consent to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) cannot be given;
commits rape, a Level 3 felony.
Terms Used In Indiana Code 35-42-4-1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Felony: A crime carrying a penalty of more than a year in prison.
(b) An offense described in subsection (a) is a Level 1 felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to a person other than a defendant; or
(4) the commission of the offense is facilitated by furnishing the victim, without the victim’s knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.36; P.L.320-1983, SEC.23; P.L.16-1984, SEC.19; P.L.297-1989, SEC.1; P.L.31-1998, SEC.3; P.L.158-2013, SEC.437; P.L.214-2013, SEC.36; P.L.168-2014, SEC.67.