(a) An offender commits the crime of sexual assault in the second degree if


(1) the offender engages in sexual contact with another person without consent of that person;


(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 the offender knows is


(A) mentally incapable;


(B) incapacitated; or


(C) unaware that a sexual act is being committed; or


(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.


(b) Sexual assault in the second degree is a class B felony.