Also known as: sexual intercourses · coitus · copulation · carnal knowledge
Written by attorneys · grounded in primary & secondary sources — see below
An act of physical penetration of the sex organs of one person by another. The act includes intercourse per os or per anum with some penetration however slight. Emission is not required.
Sebastian Santos and an accomplice rob a convenience store. During the robbery Sebastian forces the clerk into a back room and commits sexual intercourse by force. The clerk dies from injuries sustained in the struggle. The prosecution relies on the presumption that the killing occurred under circumstances manifesting extreme indifference to human life because Sebastian was engaged in rape during the robbery.
Sabrina Shah, not married to Skylar Sullivan, has carnal knowledge of Skylar without her effective consent. The act satisfies the penetration requirement even though no emission occurs. At common law the conduct constitutes rape because the man is not the woman's husband and the intercourse occurs without effective consent.
Select any source to read its text and confirm it supports the definition.
Sydney Santos suffers severe injuries in an accident caused by Silverline Industries. The injuries impair Sydney's capacity for sexual intercourse with spouse Sofia Stern. Sofia incurs medical expenses and loses Sydney's society and services. Sofia may recover from Silverline Industries for the resulting loss of society and services including the impairment of capacity for sexual intercourse.
Stephen Shaw administers intoxicants to Sabrina Shah without her knowledge to prevent resistance. He then has sexual intercourse with her while she is not his wife. The impairment of her power to appraise or control her conduct satisfies the elements of rape under the statute. The offense is a felony of the second degree.
Two adult men engage in deviate sexual intercourse in the privacy of their home. The state prosecutes them under a statute criminalizing the conduct. The Supreme Court holds that the statute violates the Due Process Clause because it criminalizes private intimate conduct between consenting adults.
A lecturer distributes contraceptive devices to unmarried persons after a lecture on birth control. The state prosecutes under a statute that prohibits distribution of contraceptives to unmarried persons. The Supreme Court holds that the statute violates equal protection because it burdens the decision to engage in sexual intercourse by denying access to contraception.
The Model Penal Code defines sexual intercourse to include intercourse per os or per anum with some penetration however slight. Emission is not required. This definition applies to both rape and deviate sexual intercourse offenses.
Supporting sources
Common law rape requires a man who is not the woman's husband to have carnal knowledge of a woman without her effective consent. The Model Penal Code retains the requirement that the victim be a female not the actor's wife but expands the means by which consent can be rendered ineffective, including through force, threats, intoxicants, unconsciousness, or age under ten.
Supporting sources
A spouse may recover for loss of society and services, including impairment of capacity for sexual intercourse, when the other spouse suffers bodily harm from a third party's tortious conduct. The claim must ordinarily be joined with the injured spouse's action for bodily harm.
Supporting sources
Yes. Catching one's spouse in the act of sexual intercourse with another person is a classic category of adequate provocation that can reduce an intentional killing from murder to voluntary manslaughter if the other elements of heat of passion are satisfied.
Supporting sources
…same sex to engage in certain intimate sexual conduct. The State of Texas convicted respondents Lawrence and Garner of deviate sexual intercourse in violation of the statute and, in a 5-to-4 decision, the Texas Court of Appeals affirmed. The court considered Bowers v. Hardwick , 478 U. S. 186, controlling and held that the statute…