Indiana Code - Criminal Law and Procedure - Title 35, Section 35-42-4-1

Rape

Sec. 1. (a) Except as provided in subsection (b), a person who
knowingly or intentionally has sexual intercourse with a member of
the opposite sex when:
(1) the other person is compelled by force or imminent threat of
force;
(2) the other person is unaware that the sexual intercourse is
occurring; or
(3) the other person is so mentally disabled or deficient that
consent to sexual intercourse cannot be given;
commits rape, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadly
force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to a person other than a
defendant; or
(4) 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.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,
P.L.340, SEC.36; P.L.320-1983, SEC.23; P.L.16-1984, SEC.19;
P.L.297-1989, SEC.1; P.L.31-1998, SEC.3.

Last modified: May 24, 2006