26.12.150 Sexual Act with an Incapacitated Person

Any person who:

(a) Commits or causes another to commit any act of lewd or indecent sexual conduct with any person who is incapacitated or for any other reason is not able to give express and informed consent, or

(b) Commits a sexual act with another who has been rendered unconscious or involuntarily drugged or who is otherwise incapable of appraising the nature of the conduct or declining to participate or consent.

Any person who violates this section shall be guilty of a Class 4 offense.