(a) Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:(1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;(2) The defendant causes bodily injury to the victim;(3) The defendant is aided or abetted by one (1) or more other persons; and(A) Force or coercion is used to accomplish the act; or(B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or(4) The victim is less than thirteen (13) years of age.
(1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
(2) The defendant causes bodily injury to the victim;
(3) The defendant is aided or abetted by one (1) or more other persons; and(A) Force or coercion is used to accomplish the act; or(B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
(A) Force or coercion is used to accomplish the act; or
(B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
(4) The victim is less than thirteen (13) years of age.
(b) (1) Except as provided in subdivision (b)(2), aggravated sexual battery is a Class B felony.(2) If the victim was less than eighteen (18) years of age or was mentally defective, mentally incapacitated, or physically helpless, then aggravated sexual battery is a Class B felony and, notwithstanding title 40, chapter 35, the defendant must be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(1) Except as provided in subdivision (b)(2), aggravated sexual battery is a Class B felony.
(2) If the victim was less than eighteen (18) years of age or was mentally defective, mentally incapacitated, or physically helpless, then aggravated sexual battery is a Class B felony and, notwithstanding title 40, chapter 35, the defendant must be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.