(1) A person violates this section when that person willfully causes the penetration, however slight, of the genital or anal opening of any person, by any object, instrument, or device:
(a)  Against the victim’s will by:
(i)   Use of force or violence; or
(ii)  Duress; or
(iii) Threats of immediate and great bodily harm, accompanied by apparent power of execution; or
(b)  Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent; or
(c)  Where the victim is prevented from resistance by any intoxicating, narcotic, or anesthetic substance; or
(d)  Where the victim is at the time unconscious of the nature of the act because the victim:
(i)   Was unconscious or asleep; or
(ii)  Was not aware, knowing, perceiving, or cognizant that the act occurred.
(2)  A person who violates the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the state prison for not more than life.
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Terms Used In Idaho Code 18-6604

  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
    • (3)  The provisions of this section shall not apply to bona fide medical, health care, or hygiene procedures.