2005 Idaho Code - 18-6101 — RAPE DEFINED

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 61
                                     RAPE
    18-6101.  RAPE DEFINED. Rape is defined as the penetration, however
slight, of the oral, anal or vaginal opening with the perpetrator's penis
accomplished with a female under any one (1) of the following circumstances:
    1.  Where the female is under the age of eighteen (18) years.
    2.  Where she is incapable, through any unsoundness of mind, due to any
cause including, but not limited to, mental illness, mental deficiency or
developmental disability, whether temporary or permanent, of giving legal
consent.
    3.  Where she resists but her resistance is overcome by force or violence.
    4.  Where she is prevented from resistance by the infliction, attempted
infliction, or threatened infliction of bodily harm, accompanied by apparent
power of execution; or is unable to resist due to any intoxicating, narcotic,
or anaesthetic substance.
    5.  Where she is at the time unconscious of the nature of the act. As used
in this section, "unconscious of the nature of the act" means incapable of
resisting because the victim meets one (1) of the following conditions:
    (a)  Was unconscious or asleep;
    (b)  Was not aware, knowing, perceiving, or cognizant that the act
    occurred.
    6.  Where she submits under the belief that the person committing the act
is her husband, and the belief is induced by artifice, pretense or concealment
practiced by the accused, with intent to induce such belief.
    7.  Where she submits under the belief, instilled by the actor, that if
she does not submit, the actor will cause physical harm to some person in the
future; or cause damage to property; or engage in other conduct constituting a
crime; or accuse any person of a crime or cause criminal charges to be
instituted against her; or expose a secret or publicize an asserted fact,
whether true or false, tending to subject any person to hatred, contempt or
ridicule.