(a)      A person may not engage in a sexual act with another:

            (1)      by force, or the threat of force, without the consent of the other;

            (2)      if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the sexual act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or

            (3)      if the victim is under the age of 14 years, and the person performing the sexual act is at least 4 years older than the victim.

      (b)      A person who violates this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment not exceeding 20 years.