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"unconscious of the nature of the act" means

incapable of resisting because the victim meets one of the following conditions:

(1) Was unconscious or asleep.

(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics

of the act due to the perpetrator's fraud in fact.

(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics

of the act due to the perpetrator's fraudulent representation that the oral copulation

served a professional purpose when it served no professional purpose.

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13y ago

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