130.40 – Criminal sexual act in the third degree

§ 130.40 Criminal sexual act in the third degree.
A person is guilty of criminal sexual act in the third degree when:

1. He or she engages in oral sexual conduct or anal sexual conduct
   with a 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 oral
   sexual conduct or anal sexual conduct with a person less than seventeen
   years old; or
3. He or she engages in oral sexual conduct or anal sexual conduct
   with another person without such person’s consent where such lack of
   consent is by reason of some factor other than incapacity to consent.
   Criminal sexual act in the third degree is a class E felony.