§ 130.10 Sex offenses; limitation; defenses.\n 1. In any prosecution under this article in which the victim's lack of\nconsent is based solely upon his or her incapacity to consent because he\nor she was mentally disabled, mentally incapacitated or physically\nhelpless, it is an affirmative defense that the defendant, at the time\nhe or she engaged in the conduct constituting the offense, did not know\nof the facts or conditions responsible for such incapacity to consent.\n 2. Conduct performed for a valid medical or mental health care purpose\nshall not constitute a violation of any section of this article in which\nincapacity to consent is based on the circumstances set forth in\nparagraph (h) of subdivision three of section 130.05 of this article.\n 3. In any prosecution for the crime of rape in the third degree as\ndefined in section 130.25, a crime formerly defined in section 130.40,\naggravated sexual abuse in the fourth degree as defined in section\n130.65-a, or sexual abuse in the third degree as defined in section\n130.55 in which incapacity to consent is based on the circumstances set\nforth in paragraph (h) of subdivision three of section 130.05 of this\narticle it shall be an affirmative defense that the client or patient\nconsented to such conduct charged after having been expressly advised by\nthe health care or mental health care provider that such conduct was not\nperformed for a valid medical purpose.\n 4. In any prosecution under this article in which the victim's lack of\nconsent is based solely on his or her incapacity to consent because he\nor she was less than seventeen years old, mentally disabled, a client or\npatient and the actor is a health care provider, detained or otherwise\nin custody of law enforcement under the circumstances described in\nparagraph (j) of subdivision three of section 130.05 of this article, or\ncommitted to the care and custody or supervision of the state department\nof corrections and community supervision or a hospital and the actor is\nan employee, it shall be a defense that the defendant was married to the\nvictim as defined in subdivision four of section 130.00 of this article.\n
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