A. Rape by instrumentation, a Class A2 felony offense, 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; 2. Under the legal custody or supervision of a state or federal agency, county, municipal or a political subdivision and engages in conduct prohibited by this section of law with a federal, state, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim, consent shall not be an element of the crime; 3. Nineteen (19) years of age or younger and in the legal custody of a state agency, federal agency or tribal court and
engages in conduct prohibited by this section of law with a foster parent or foster parent applicant; or 4. A student at a secondary school, is concurrently enrolled at an institution of higher education, and engages in acts pursuant to this section with a perpetrator who is an employee of the institution of higher education of which the student is enrolled. C. "Employee of an institution of higher education", for purposes of this section, means faculty, adjunct faculty, instructors, volunteers, or an employee of a business contracting with an institution of higher education who may exercise, at any time, institutional authority over the victim. Employee of an institution of higher education shall not include an enrolled student who is not more than three (3) years of age or older than the concurrently enrolled student and who is employed or volunteering, in any capacity, for the institution of higher education. D. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post- imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. Added by Laws 1981, c. 325, § 2. Amended by Laws 1987, c. 224, § 7, eff. Nov. 1, 1987; Laws 2007, c. 261, § 17, eff. Nov. 1, 2007; Laws 2009, c. 444, § 2, eff. July 1, 2009; Laws 2015, c. 67, § 2, eff. Nov. 1, 2015; Laws 2022, c. 260, § 3, eff. Nov. 1, 2022; Laws 2025, c. 486, § 27, eff. Jan. 1, 2026.
Notes of Decisions
Cited in
19
cases (
8 in the last 5 years), 1985–2026 · leading case:
NELOMS v. State, 2012 OK CR 7 (Okla. Crim. App. 2012).
NELOMS v. State, 2012 OK CR 7 (Okla. Crim. App. 2012).
· cites it 13× “2001, § 1114(A)(3) (Count 1), and First Degree Rape by Instrumentation in violation of 21 O.S.Supp.2007, § 1111.1 (Count 2). [1] The jury found Neloms guilty and imposed a sentence of life imprisonment on each count.”
Virgin v. State, 792 P.2d 1186 (Okla. Crim. App. 1990).
· cites it 3× “" (emphasis added) 21 O.S.Supp. 1987, § 1111.1. Therefore, the Legislature has addressed the issue presented in this case and the same act committed after November 1, 1987, would be subject to prosecution under the amended statute.”
Mcclain v. State, 2021 OK CR 38 (Okla. Crim. App. 2021).
· cites it 2× “As punishment, the jury recommended imprisonment for ten (10) years in Count I, seven (7) years in Count II, three (3) years in Count IV, and no term of imprisonment for Count III.”
Hale v. State, 888 P.2d 1027 (Okla. Crim. App. 1995).
“1981, § 885, and Count III — Rape by Instrumentation in violation of 21 O.S.1981, § 1111.1. In accordance with the jury’s recommendation, the Honorable B.”
Cash v. State, 2024 OK CR 1 (Okla. Crim. App. 2024).
· cites it 2× “2011, § 1116) (Count 1) and Rape by Instrumentation (21 O.S.2011, § 1111.1) (Count 2). 1 He was sentenced to concurrent terms of fifteen years imprisonment, all suspended but two years.”
Hernandez v. Parker, 524 F. App'x 401 (10th Cir. 2013).
“Hernandez was convicted by a jury of three counts of rape by instrumentation of a victim under age fourteen, in violation of Okla. Stat. tit. 21, § 1111.1 ; one count of second-degree rape of a victim under age sixteen, in violation of Okla.”
Kelley v. State, 2019 OK CR 25 (Okla. Crim. App. 2019).
· cites it 3× “Kelley was convicted in his original jury trial of First Degree Rape by Instrumentation, After Former Conviction of Two Felonies, in violation of 21 O.S.2011, §§ 1111.1 and 1114(A) (Count 1) and misdemeanor Assault and Battery, in violation of 21 O.”
State v. Krigel, 2024 OK CR 27 (Okla. Crim. App. 2024).
· cites it 2× “2011, §§ 42, 1111, 1114, 1115, one count of Second Degree Rape by Instrumentation (Count 5), in violation of 21 O.S.2011, § 1111.1, and one count of First Degree Rape by Instrumentation (Count 6), in violation of 21 O.”
Nitz v. State, 2017 OK CIV APP 20 (Okla. Civ. App. 2017).
· cites it 6× “If a registrant is unable to obtain proof that his or her foreign state conviction is the equivalent of a conviction under 21 O.S. §1111.1 or 21 O.S. §1114 then the registrant would not have a claim for relief under §590.”
State v. Krigel, 2024 OK CR 27 (Okla. Crim. App. 2024).
· cites it 2× “2011, §§ 42 21 O.S.2011, § 1111.1 21 O.S.Supp.2015, § 1111.”
Hutcheson v. State, 695 P.2d 870 (Okla. Crim. App. 1985).
“OPINION BRETT, Judge: The appellant, Pamela Dee Hutcheson, was charged with, tried for, and convicted of Second Degree Rape by Instrumentation, pursuant to 21 O.S.1981, § 1111.1, in the Tulsa County District Court, Case No.”
Donaldson v. City of El Reno, 2025 OK 9 (Okla. 2025).
· cites it 2× “51 (repealed 2000); and (o) rape by instrumentation in violation of 21 O.S.1991, § 1111.1. The crimes of (k) trafficking a child and ( l ) kidnapping a child do not require proof of any element that a sexual act was committed, attempted, or even intended.”
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