1. (a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person:

   1. (1) touches another person when that person is:

      1. (A) compelled to submit to the touching by force or the imminent threat of force; or
      2. (B) so mentally disabled or deficient that consent to the touching cannot be given; or

   2. (2) touches another person's genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring;

      commits sexual battery, a Level 6 felony.

2. (b) An offense described in subsection (a) is a Level 4 felony if:

   1. (1) it is committed by using or threatening the use of deadly force;
   2. (2) it is committed while armed with a deadly weapon; or
   3. (3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2 (1)) or a controlled substance (as defined in IC 35-48-1.1-7 ) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.

As added by P.L.322-1987, SEC.2. Amended by P.L.31-1998, SEC.7; P.L.72-2012, SEC.4; P.L.158-2013, SEC.444; P.L.186-2025, SEC.237.