(A) A person is guilty of sexual abuse in the second degree when he or she is at least 18 years old but less than 21 years old and subjects another person who is less than 16 years old to sexual contact.
(B) In any prosecution under this section, it is a defense that:
(1) The other person's lack of consent was due solely to incapacity to consent by reason of being less than 16 years old; and
(2) The other person was at least 14 years old; and
(3) The actor was less than five years older than the other person.
(C) Sexual abuse in the second degree is a Class A misdemeanor.
(1980 Code, § 1020.16-4)
Statutory reference:
For similar provisions under state law, see KRS 510.120