New York Penal - Article 130 - § 130.55 Sexual Abuse in the Third Degree

  § 130.55 Sexual abuse in the third degree.
    A  person is guilty of sexual abuse in the third degree when he or she
  subjects another person to sexual contact without the latter's  consent;
  except  that in any prosecution under this section, it is an affirmative
  defense that (a) such other person's lack of consent was due  solely  to
  incapacity  to consent by reason of being less than seventeen years old,
  and (b) such other person was more than fourteen years old, and (c)  the
  defendant was less than five years older than such other person.
    Sexual abuse in the third degree is a class B misdemeanor.
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Last modified: February 15, 2014