26.12.050 Gross Sexual Imposition

(a) Any person who engages in a sexual act with or who causes another to engage in a sexual act:

(1) And the person is less than fifteen (15) years old, shall be guilty of a class [5] five offense.

(2) Compels the any person victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, shall be guilty of a class [5] five offense; or

(3) Any person who has substantially impaired the victim's power to consent or to appraise or control his/her conduct by administering or employing, without his/her knowledge, intoxicants with intent to prevent resistance shall be guilty of a class [5] five offense.

(4) Any person who knowingly engages in a sexual act with another when the other person is substantially impaired due to a mental or physical condition shall be guilty of a class [5] five offense.

(5) Any person who engages in sexual contact with another, or who causes another to engage in sexual contact and commits serious bodily injury upon the victim shall be guilty of a class [5] five offense.

(b) A person need not prove physical resistance to the actor in prosecution.