130.55 - Sexual abuse in the third degree.

§ 130.55 Sexual abuse in the third degree.    A  person is guilty of sexual abuse in the third degree when he or she  subjects another person to sexual contact without the latter's  consent;  except  that in any prosecution under this section, it is an affirmative  defense that (a) such other person's lack of consent was due  solely  to  incapacity  to consent by reason of being less than seventeen years old,  and (b) such other person was more than fourteen years old, and (c)  the  defendant was less than five years older than such other person.    Sexual abuse in the third degree is a class B misdemeanor.