130.25 – Rape in the third degree

§ 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:

1. He or she engages in sexual intercourse with another person who is
   incapable of consent by reason of some factor other than being less than
   seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual
   intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without
   such person’s consent where such lack of consent is by reason of some
   factor other than incapacity to consent.
   Rape in the third degree is a class E felony.