(a) For the purposes of this section:

(1) “Sexual intercourse” means vaginal intercourse, anal intercourse, fellatio or cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse or fellatio and does not require emission of semen. Penetration may be committed by an object manipulated by the actor into the genital or anal opening of the victim's body; and

(2) “Use of force” means: (A) Use of a dangerous instrument; or (B) use of actual physical force or violence or superior physical strength against the victim.

(b) No spouse or cohabitor shall compel the other spouse or cohabitor to engage in sexual intercourse by the use of force against such other spouse or cohabitor, or by the threat of the use of force against such other spouse or cohabitor which reasonably causes such other spouse or cohabitor to fear physical injury.

(c) Any person who violates any provision of this section shall be guilty of a class B felony for which two years of the sentence imposed may not be suspended or reduced by the court.

(P.A. 81-27, S. 1; P.A. 14-234, S. 9.)

History: P.A. 14-234 amended Subsec. (c) to add provision re 2 years of sentence imposed may not be suspended or reduced by the court.

See chapter 968a re address confidentiality program.

Cited. 192 C. 154; 198 C. 190; 209 C. 733; 210 C. 110; 240 C. 743.

Cited. 3 CA 374; 10 CA 709; 11 CA 102; 31 CA 20; Id., 497; 35 CA 173; 36 CA 718; 41 CA 604.

Subsec. (b):

Cited. 28 CA 581; judgment reversed, see 226 C. 601. Section describes a general intent crime, and requires only that defendant intended to violate section, not that defendant intended to sexually assault spouse; “use of force” need not be greater than is necessary to violate section, and threats need not be made immediately before the prohibited act. 132 CA 594; judgment affirmed, see 310 C. 686.