(1) 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.
(2) In any prosecution under this section, it is a defense that:
(a) The other person's lack of consent was due solely to incapacity to consent by reason of being less than sixteen (16) years old; and
(b) The other person was at least fourteen (14) years old; and
(c) The actor was less than eighteen (18) years old.
(3) Sexual abuse in the third degree is a Class B misdemeanor.
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