Statutes | Muscogee (Creek) Nation Code Title 14, Chapter 2, Subchapter 3 ยง2-314 | 2018

A. The crime of rape occurs when a person commits an act of sexual intercourse involving vaginal or anal penetration and that act is accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances:

1. Where the victim is under the age of sixteen (16) years of age or younger and the perpetrator is at least two (2) years older than the victim

2. Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent

3. Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another

4. Where there 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

5. When the victim is at the time unconscious of the nature of the fact and this is known to the accused

6. Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or

7. Where the victim is under the legal custody of the Muscogee (Creek) Nation and engages in sexual intercourse with an employee of the Muscogee (Creek) Nation or employee of a contractor of the Muscogee (Creek) Nation that exercises authority over the victim.

B. The crime of rape occurs when a person commits an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person. Any person convicted of violating the foregoing provision shall be guilty of a felony.

[NCA 10&ndash053, approved May 27, 2010.]
Historical and Statutory Notes
Derivation: Title 14, § 2&ndash314, added by NCA 92&ndash14, § 3&ndash714, amended by NCA 99&ndash04, § 107  NCA 07&ndash179, § 9.
Library References
Rape O1. Westlaw Topic No. 321. C.J.S. Rape §§ 1 to 3, 15.
United States Code Annotated Offenses committed within Indian country, see 18 U.S.C.A. § 1153.