1150B

On page 1, line 1, of the Introduced bill, after "to " insert "revise certain provisions regarding the crime of rape and "

On page 1, line 12, of the Introduced bill, after "act" insert ", but if the victim is incapable of giving consent because of mental incapacity, the perpetrator knows or reasonably should know of the victim's mental incapacity"

On page 1, line 14, of the Introduced bill, after "incapacitated" insert " and the perpetrator knows or reasonably should know the victim is incapacitated"

On page 1, line 14, of the Introduced bill, after "incapacitated; " delete "or"

On page 1, line 16, of the Introduced bill, delete the period and insert "; or

(6) If the victim is not aware, does not know, does not perceive, or is not cognizant of the essential characteristics of the act based upon fraud or misrepresentation."

On page 1, line 21, of the Introduced bill, after "(3)" insert the comma

On page 1, line 21, of the Introduced bill, after "(3) " delete "or"

On page 1, line 21, of the Introduced bill, after "(4)" insert ", or (6)"

On page 1, line 24, of the Introduced bill, after "felony." insert "

To any charge brought pursuant to subdivisions (1) or (5) of this section, it is not a defense that the perpetrator did not know the victim's age or was misinformed regarding the victim's age."

On page 2, line 7, of the Introduced bill, delete the comma and insert " or"

On page 2, line 7, of the Introduced bill, after "reprisal," delete " or other intimidating behavior,"

On page 2, line 8, of the Introduced bill, after "in " insert "reasonable "

On page 2, line 11, of the Introduced bill, after "will" delete ", which requires words or overt actions, by a person,"

On page 2, line 16, of the Introduced bill, delete ", and" and insert " that"

On page 2, line 17, of the Introduced bill, after "time;" insert " and"

On page 2, line 18, of the Introduced bill, delete "Lack of consent " and insert " Consent, or lack thereof, "

On page 2, line 19, of the Introduced bill, after "circumstances " delete "and must be considered in determining whether a person gave consent;"

On page 2, line 20, of the Introduced bill, after "consent;" delete "(d) No person under the age of sixteen is capable of consenting to sexual activity; and

(e) It is not a defense that the offender did not know the person's age or was misinformed regarding the person's age"

On page 2, line 24, of the Introduced bill, delete "making a person do something against the person's will and without the person's consent" and insert " the use of physical effort sufficient to overcome, restrain, injure, or prevent escape"

On page 2, line 28, of the Introduced bill, after "hypnosis" delete ", if the condition was known or reasonably should have been known to the offender"

On page 2, line 31, of the Introduced bill, after "conduct" delete ", if the condition was known or reasonably should have been known to the offender"

On page 2, line 33, of the Introduced bill, delete "of resisting" and insert " to consent"

On page 2, line 33, of the Introduced bill, delete ":

(a) Unconscious or asleep;

(b) Not aware, knowing, perceiving, or cognizant that the act occurred;

(c) Not aware, knowing, perceiving, or cognizant of the essential characteristics of the act, due to the perpetrator's fraud or misrepresentation; or

(d) Not aware, knowing, perceiving, or cognizant of the essential characteristics of the act, due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose." and insert " unconscious or asleep."