Article 623 — Sexual Outrages on Unconscious or Deluded. Persons,

or on Persons Incapable of Resisting. Whoever, knowing of his victim's incapacity, but without using violence or intimidation, performs sexual intercourse, or commits a like or any other indecent act, with an idiot, with a feeble- minded or retarded, insane or unconscious person, or with a person who is for any other reason incapable of understanding the nature or consequences of the act, is punishable, according to the circumstances of the case, with simple imprisonment for not less than one year, or with rigorous imprisonment not exceeding fifteen years.