(a)No person shall engage in a sexual act with another person:
(1)without the consent of the other person;
(2)by threatening or coercing the other person;
(3)by placing the other person in fear that any person will suffer imminent bodily injury; or
(4)when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring.
(b)(1) No person shall administer any alcohol, drugs, or other intoxicants to another person without the person’s knowledge or against the person’s will and, while the person is impaired by the alcohol, drugs, or intoxicants, engage in a sexual act with that person.
(2)No person shall engage in a sexual act with another person when the other person is incapable of consenting to the sexual a
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(a) No person shall engage in a sexual act with another person:
(1) without the consent of the other person;
(2) by threatening or coercing the other person;
(3) by placing the other person in fear that any person will suffer imminent bodily injury; or
(4) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring.
(b)(1) No person shall administer any alcohol, drugs, or other intoxicants to another person without the person’s knowledge or against the person’s will and, while the person is impaired by the alcohol, drugs, or intoxicants, engage in a sexual act with that person.
(2) No person shall engage in a sexual act with another person when the other person is incapable of consenting to the sexual act due to substantial impairment by alcohol, drugs, or other intoxicants and that condition is known or reasonably should be known by the person.
(c) No person shall engage in a sexual act with a child who is under the age of 16, except:
(1) where the persons are married to each other and the sexual act is consensual; or
(2) where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual.
(d) No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor’s care by authority of law or is the actor’s child, grandchild, foster child, adopted child, or stepchild.
(e) No person shall engage in a sexual act with a child under the age of 16 if:
(1) the victim is entrusted to the actor’s care by authority of law or is the actor’s child, grandchild, foster child, adopted child, or stepchild; or
(2) the actor is at least 18 years of age, resides in the victim’s household, and serves in a parental role with respect to the victim.
(f)(1) A person who violates subsection (a), (b), (d), or (e) of this section shall be imprisoned not less than three years and for a maximum term of life and, in addition, may be fined not more than $25,000.00.
(2) A person who violates subsection (c) of this section shall be imprisoned for not more than 20 years, and, in addition, may be fined not more than $10,000.00.
(g) A person convicted of violating subsection (a), (b), (d), or (e) of this section shall be sentenced under section 3271 of this title. (Added 1977, No. 51, § 1; amended 1985, No. 83, § 2; 1989, No. 293 (Adj. Sess.), § 5; 2005, No. 192 (Adj. Sess.), § 10; 2021, No. 68, § 2.)