A criminal action arising out of an incident of alleged criminal sexual conduct may be prosecuted either in the county where any element of the alleged sexual penetration or sexual contact was committed or the county where the complainant is found when the complainant was, at the time of the act:

1. (1) mentally incapacitated, as defined in section 609.341, subdivision 7; or
2. (2) physically helpless, as defined in section 609.341, subdivision 9, as the result of being asleep or not conscious.