2005 Idaho Code - 18-6108 — MALE RAPE

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 61
                                     RAPE
    18-6108.  MALE RAPE. Male rape is defined as the penetration, however
slight, of the oral or anal opening of another male, with the perpetrator's
penis, for the purpose of sexual arousal, gratification or abuse, under any of
the following circumstances:
    1.  Where the victim is incapable, through any unsoundness of mind,
whether temporary or permanent, of giving consent.
    2.  Where the victim resists but his resistance is overcome by force or
violence.
    3.  Where the victim is prevented from resistance by threats of immediate
and great bodily harm, accompanied by apparent power of execution.
    4.  Where the victim is prevented from resistance by the use of any
intoxicating, narcotic, or anaesthetic substance administered by or with the
privity of the accused.
    5.  Where the victim is at the time unconscious of the nature of the act,
and this is known to the accused.