Article 310

A person who performs with a person of the same sex an act corresponding to the sexual act, or any other indecent sexual act,

Except in paragraphs (d), (e), or (f) which apply regardless of the consent of the victim to the act, in instances where the offence described in sub-Article (1) was committed against the will of a person or persons, the offender who:

carries, uses or threatens to use a weapon or otherwise uses violence, intimidation or coercion or in any other way renders the victim incapable of resisting;

threatens to cause bodily injury to a person other than the person assaulted;

wounds, maims, disfigures or otherwise causes serious bodily injury to the person assaulted, or transmits a communicable human disease to the person assaulted or exposes him to the same, regardless whether such disease is treatable or is a public health problem, provided that if the person assaulted dies as a direct effect of the disease, the offender is guilty of murder, punishable under Article 275;

is fifteen or older and assaults a person under the age of fifteen;

abuses a position of trust, power or authority (pupil, apprentice, school boarder, domestic servant, adopted child, prisoner, patients);

endangers the life of the person assaulted or if the assaulted person, due to sadism of or transmission of diseases from the assailant, commits suicide from distress or despair;

is a party to the offence with any other person;

performs such act on an unconscious or deluded person or old people;

performs such act by misrepresentation; or

performs such act as a member of a group,