130.30 – Rape in the second degree

§ 130.30 Rape in the second degree.
A person is guilty of rape in the second degree when:

1. being eighteen years old or more, he or she engages in sexual
   intercourse with another person less than fifteen years old; or
2. he or she engages in sexual intercourse with another person who is
   incapable of consent by reason of being mentally disabled or mentally
   incapacitated.
   It shall be an affirmative defense to the crime of rape in the second
   degree as defined in subdivision one of this section that the defendant
   was less than four years older than the victim at the time of the act.

   Rape in the second degree is a class D felony.