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Whoever knowingly:

(1) Causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or

(2) Engages in a sexual act with another person if that other person is:

(a) Incapable of appraising the nature of the conduct; or

(b) Physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or attempts to do so, shall be guilty of a Class F offense under the resolution codified in this section.