(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.
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