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<blockquote data-quote="Gadsden" data-source="post: 4229257" data-attributes="member: 49555"><p>I know what the elements of the crime are and the difference between the two. Rape by Instrumentation is definitely very serious and a 1st Degree Felony that carries the same penalties as his original charge of First Degree Rape. My only question was why wasn't he charged correctly the first time. In other words, if they didn't know, or weren't sure exactly what transpired, they should have waited until they did before filing charges. That way they would have avoided looking stupid and like they don't know what the hell they're doing.</p><p></p><h3>2022 Oklahoma Statutes</h3><h3>Title 21. Crimes and Punishments</h3><h3>§21-1114. Rape or rape by instrumentation in first degree – Rape in second degree.</h3><p><strong>Universal Citation: </strong><a href="https://law.justia.com/citations.html" target="_blank">21 OK Stat § 1114 (2022)</a></p><p>A. Rape or rape by instrumentation in the first degree shall include:</p><p>1. Rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age;</p><p>2. Rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime;</p><p>3. Rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;</p><p>4. Rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;</p><p>5. Rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or</p><p>6. Rape by instrumentation regardless of the age of the victim or the age of the person committing the crime.</p><p></p><h3>Title 21. Crimes and Punishments</h3><h3>§21-1111.1. Rape by instrumentation.</h3><p><strong>Universal Citation: </strong><a href="https://law.justia.com/citations.html" target="_blank">21 OK Stat § 1111.1 (2022)</a></p><p>A. Rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person.</p><p>B. Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met; further, where the victim is:</p><p>1. At least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in conduct prohibited by this section of law with a person who is eighteen (18) years of age or older and is an employee of a school system;</p><p>........</p></blockquote><p></p>
[QUOTE="Gadsden, post: 4229257, member: 49555"] I know what the elements of the crime are and the difference between the two. Rape by Instrumentation is definitely very serious and a 1st Degree Felony that carries the same penalties as his original charge of First Degree Rape. My only question was why wasn't he charged correctly the first time. In other words, if they didn't know, or weren't sure exactly what transpired, they should have waited until they did before filing charges. That way they would have avoided looking stupid and like they don't know what the hell they're doing. [HEADING=2]2022 Oklahoma Statutes[/HEADING] [HEADING=2]Title 21. Crimes and Punishments[/HEADING] [HEADING=2]§21-1114. Rape or rape by instrumentation in first degree – Rape in second degree.[/HEADING] [B]Universal Citation: [/B][URL='https://law.justia.com/citations.html']21 OK Stat § 1114 (2022)[/URL] A. Rape or rape by instrumentation in the first degree shall include: 1. Rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; 2. Rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; 3. Rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; 4. Rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; 5. Rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or 6. Rape by instrumentation regardless of the age of the victim or the age of the person committing the crime. [HEADING=2]Title 21. Crimes and Punishments[/HEADING] [HEADING=2]§21-1111.1. Rape by instrumentation.[/HEADING] [B]Universal Citation: [/B][URL='https://law.justia.com/citations.html']21 OK Stat § 1111.1 (2022)[/URL] A. Rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person. B. Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met; further, where the victim is: 1. At least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in conduct prohibited by this section of law with a person who is eighteen (18) years of age or older and is an employee of a school system; ........ [/QUOTE]
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