(a) A person commits the crime of sexual misconduct if:
(1) Being a male, he engages in sexual intercourse with a female without
her consent, under circumstances other than those covered by Sections
13A-6-61
and
13A-6-62;
or with her consent where consent was obtained by the use of any fraud
or artifice; or
(2) Being a female, she engages in sexual intercourse with a male without
his consent; or
(3)
He or she engages in
deviate sexual intercourse
with another person under circumstances other than those covered by Sections
13A-6-63
and
13A-6-64.
Consent is no defense to a prosecution under this subdivision.
(b) Sexual misconduct is a
Class A misdemeanor.