Sec. 14-26.  Third degree sexual assault.


(a)   Any person who subjects another person to sexual contact and:


(1)       Overcomes the victim by force, threat of force, express or implied, coercion, or deception; or

(2)       Knew or should have known that the victim was physically or mentally incapable of resisting or appraising the nature of his conduct


is guilty of sexual assault in the third degree.


(b)   The section shall not apply if the actor shall have caused serious personal injury to the victim.


(c)   Sexual assault in the third degree shall be an offense.

State law reference--Similar provisions, R.R.S. 1943, 28-320.