(a) An offender commits the crime of sexual assault in the second degree if
(1) the offender engages in sexual contact with another person
(A) without consent of that person by
- (i) the use of force or the express or implied threat of force against any person or property; or
- (ii) causing the person to become incapacitated;
- (B) by impersonating someone known to the person for the purpose of obtaining consent;
(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;
(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; or
- (5) under circumstances not proscribed under AS 11.41.410, the offender engages in sexual penetration with another person without consent of that person.
- (b) Sexual assault in the second degree is a class B felony.