Note: This version of section effective until 7-1-2014. See also following repeal of this section, effective 7-1-2014.
    Sec. 2. (a) A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when:
        (1) the other person is compelled by force or imminent threat of force;
        (2) the other person is unaware that the conduct is occurring; or
        (3) the other person is so mentally disabled or deficient that consent to the conduct cannot be given;
commits criminal deviate conduct, a Class B felony.
    (b) An offense described in subsection (a) is a Class A felony if:
        (1) it is committed by using or threatening the use of deadly force;
        (2) it is committed while armed with a deadly weapon;
        (3) it results in serious bodily injury to any person other than a defendant; or
        (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 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.37; P.L.320-1983, SEC.24; P.L.183-1984, SEC.3; P.L.31-1998, SEC.4.