(1) When the victim is overcome by force or fear;
(2) when the victim is unconscious or physically powerless;
(3) when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by, or was reasonably apparent to, the offender.
(b) Aggravated sexual battery is a severity level 5, person felony.
(c) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1983, ch. 109, § 14; L. 1993, ch. 253, § 9; L. 1993, ch. 253, § 10; July 1.