(a) A person commits the crime of sexual abuse in the second degree if:
(1) He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or
(2) He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.
(b) Sexual abuse in second degree is a Class A misdemeanor, except that if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony.
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