(a) An offender commits the crime of sexual assault in the second degree if
(1) the offender engages in sexual contact with another person without consent of that person;
(2) the offender engages in sexual contact with a person
(A) who the offender knows is mentally incapable; and
(B) who is in the offender's care
(i) by authority of law; or
(ii) in a facility or program that is required by law to be licensed by the state;
(3) the offender engages in sexual penetration with a person who is
(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a sexual act is being committed; or
(4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and
(A) the offender is a health care worker; and
(B) the offense takes place during the course of professional treatment of the victim.
(b) Sexual assault in the second degree is a class B felony.
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