second degree. A. Rape or rape by instrumentation in the first degree, a Class A2 felony offense, 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. B. In all other cases, rape is rape in the second degree, a Class B2 felony offense. R.L. 1910, § 2417. Amended by Laws 1981, c. 325, § 5; Laws 1983, c. 41, § 2, eff. Nov. 1, 1983; Laws 1986, c. 179, § 3, eff. Nov. 1, 1986; Laws 1990, c. 224, § 3, eff. Sept. 1, 1990; Laws 2008, c. 438, § 3, eff. July 1, 2008; Laws 2017, c. 164, § 1, eff. Nov. 1, 2017; Laws 2025, c. 486, § 28, eff. Jan. 1, 2026.
Notes of Decisions
Cited in
123
cases (
9 in the last 5 years), 1955–2026 · 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 6× “CF-2007-1812, for First Degree Rape in violation of 21 O.S.2001, § 1114(A)(3) (Count 1), and First Degree Rape by Instrumentation in violation of 21 O.”
Simpson v. State, 876 P.2d 690 (Okla. Crim. App. 1994).
· cites it 2× “1981 , § 886); Count II, First Degree Rape (21 O.S.Supp. 1986, § 1114); Count III, Lewd Molestation (21 O.”
Gregg v. State, 844 P.2d 867 (Okla. Crim. App. 1992).
· cites it 4× “1984, § 1111; 21 O.S.Supp. 1986, § 1114) (Counts 32, 33, 38 & 41) and three counts of First Degree Rape (21 O.”
Thompson v. State, 2019 OK CR 3 (Okla. Crim. App. 2019).
· cites it 3× “2011, §§ 646 & 647, and one count of Pattern of Criminal Offenses (Count 6) in violation of 21 O.”
Taylor v. State, 889 P.2d 319 (Okla. Crim. App. 1995).
· cites it 2× “1982, § 1431 (Count I), First Degree Rape in violation of 21 O.S.Supp. 1986, § 1114 (Count II), Forcible Oral Sodomy in violation of 21 O.”
Charm v. State, 924 P.2d 754 (Okla. Crim. App. 1996).
· cites it 2× “7 (Count I), First Degree Rape, After Former Conviction of Two or More Felonies in violation of 21 O.S.1991, § 1114(A)(3) (Count II), and Kidnapping, After Former Conviction of Two or More Felonies in violation of 21 O.”
Malone v. State, 2002 OK CR 34 (Okla. Crim. App. 2002).
· cites it 2× “1991 , § 1431, First Degree Rape (Count II), in violation of 21 O.S.1991, § 1114, and Sexual Battery (Count III), in violation of 21 O.”
Wadkins v. State, 2022 OK CR 2 (Okla. Crim. App. 2022).
· cites it 2× “CF-2017-126, for First Degree Rape (Count 1), in violation of 21 O.S.2011, §§ 1114 21 O.S.Supp.2012, § 741 1.”
Cannon v. State, 904 P.2d 89 (Okla. Crim. App. 1995).
· cites it 2× “1981, § 1403(A), First Degree Rape in violation of 21 O.S.1981, § 1114, and Forcible Anal Sodomy in violation of 21 O.”
United States v. Degeare, 884 F.3d 1241 (10th Cir. 2018).
“21, § 1111 (1971) (defining rape, in relevant part, as sexual intercourse with a victim where (1) the victim "is under the age of [16] years"; (2) the victim's "resistance is overcome by force and violence"; or (3) the victim "is prevented from resistance by threats of immediate…”
Mahorney v. State, 664 P.2d 1042 (Okla. Crim. App. 1983).
· cites it 2× “OPINION BRETT, Judge: The appellant, Melvin Chad Mahorney was tried for the crime of First Degree Rape in violation of 21 O.S.1971 § 1114, in Tulsa County District Court Case No.”
— Okla. Stat. tit. 21, § 1114(A) — 2 cases
— Okla. Stat. tit. 21, § 1114(A)(1) — 7 cases
— Okla. Stat. tit. 21, § 1114(A)(2) — 1 case
— Okla. Stat. tit. 21, § 1114(A)(3) — 10 cases
NELOMS v. State, 2012 OK CR 7 (Okla. Crim. App. 2012).
“CF-2007-1812, for First Degree Rape in violation of 21 O.S.2001, § 1114(A)(3) (Count 1), and First Degree Rape by Instrumentation in violation of 21 O.”
Charm v. State, 924 P.2d 754 (Okla. Crim. App. 1996).
“7 (Count I), First Degree Rape, After Former Conviction of Two or More Felonies in violation of 21 O.S.1991, § 1114(A)(3) (Count II), and Kidnapping, After Former Conviction of Two or More Felonies in violation of 21 O.”
— Okla. Stat. tit. 21, § 1114(A)(5) — 3 cases
— Okla. Stat. tit. 21, § 1114(A)(6) — 1 case
— Okla. Stat. tit. 21, § 1114(A)(8) — 1 case
NELOMS v. State, 2012 OK CR 7 (Okla. Crim. App. 2012).
“CF-2007-1812, for First Degree Rape in violation of 21 O.S.2001, § 1114(A)(3) (Count 1), and First Degree Rape by Instrumentation in violation of 21 O.”
— Okla. Stat. tit. 21, § 1114(B) — 2 cases
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