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