A person who, with a man or woman whom he knows to be unconscious or bodily unable to resist or to be struggling from these a diploma of mental defect or mental illness that he is incapable or not adequately capable of performing exercises or expressing his will in the matter or of supplying resistance, performs indecent functions, or who, with a person who has not yet achieved the age of sixteen (16) decades, out of wedlock, performs indecent.