(a) A person commits the crime of deviate sexual assault if he has deviate sexual intercourse with another person without consent or who is incapacitated or who is 16 years of age or less.
(b) Deviate sexual assault is a class C felony unless in the course of it the actor inflicts serious physical injury on any person or displays a deadly weapon in a threatening manner, then the crime is a class B felony.
History: 1979, PL 16-43 § 2; amd 2004, PL, 28-16.