(a)        A person is guilty of second degree forcible sexual offense if the person engages in a sexual act with another person:

(1)        By force and against the will of the other person; or

(2)        Who has a mental disability or who is mentally incapacitated or physically helpless, and the person performing the act knows or should reasonably know that the other person has a mental disability or is mentally incapacitated or physically helpless.

(b)        Any person who commits the offense defined in this section is guilty of a Class C felony. ?(1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 7; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1131; 1994, Ex. Sess., c. 24, s. 14(c); 2002-159, s. 2(c); 2015-181, ss. 9(a), (b); 2018-47, s. 4(c).)