Introduced Version




Citations Affected: IC 35-42-4-1.

Synopsis: Rape. Adds a new classification to the crime of rape by providing that a person who has sexual intercourse with another person when the other person has not voluntarily consented commits rape as a Class C felony. Makes the offense a Class B felony if the other person is so physically disabled or deficient as to be unable to give consent. (Current law provides that rape is a Class B or a Class A felony, depending upon the circumstances.)

Effective: July 1, 2003.


    January 15, 2003, read first time and referred to Committee on Criminal, Civil and Public Policy.


First Regular Session 113th General Assembly (2003)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 35-42-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) Except as provided in subsection (b), subdivisions (1) and (2), a person who knowingly or intentionally has sexual intercourse with a member of the opposite sex when the other person has not voluntarily consented to have sexual intercourse commits rape, a Class C felony. However, the offense is:
        (1) a Class B felony if:
the other person is compelled by force or imminent threat of force;
            (2) (B) the other person is unaware that the sexual intercourse is occurring; or
            (3) (C) the other person is so mentally or physically disabled or deficient that consent to sexual intercourse cannot be given; and
commits rape, a Class B felony.
        (b) An offense described in subsection (a) is (2) a Class A felony

            (1) (A) it is committed by using or threatening the use of deadly force;
            (2) (B) it is committed while armed with a deadly weapon;
            (3) (C) it results in serious bodily injury to a person other than a defendant; or
            (4) (D) 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.
    SECTION 2. [EFFECTIVE JULY 1, 2003] IC 35-42-4-1 , as amended by this act, applies only to crimes committed after June 30, 2003.