(a) Except as provided in subsection (b), a person who knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct (as defined in IC 35-31.5-2-221.5 ) when:

1. (1) the other person is compelled by force or imminent threat of force;
2. (2) the other person is unaware that the sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5 ) is occurring;
3. (3) the other person is so mentally disabled or deficient that consent to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5 ) cannot be given; or

4. (4) the person disregarded the other person's attempts to physically, verbally, or by other visible conduct refuse the person's acts;

   commits rape, a Level 3 felony.

(b) An offense described in subsection (a) is a Level 1 felony if:

1. (1) it is committed by using or threatening the use of deadly force;
2. (2) it is committed while armed with a deadly weapon;
3. (3) it results in serious bodily injury to a person other than a defendant; or
4. (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 35-48-1.1-7 ) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.

(c) In addition to any other penalty imposed for a violation of this section, the court shall order the person to pay restitution under IC 35-50-5-3 for expenses related to pregnancy and childbirth if the pregnancy is a result of the offense.

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; P.L.158-2013, SEC.437; P.L.214-2013, SEC.36; P.L.168-2014, SEC.67; P.L.78-2022, SEC.8; P.L.92-2022, SEC.1; P.L.105-2022, SEC.27; P.L.186-2025, SEC.234.