(A) A person is guilty of sexual abuse in the third degree when:
(1) He or she subjects another person to sexual contact without the latter’s consent; or
(2) In any prosecution under this subchapter, 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 16 years old;
(b) The other person was at least 14 years old; and
(c) The actor was less than five years older than the other person.
(B) Sexual abuse in the third degree is a Class B misdemeanor.
(KRS 510.130) (1980 Code, § 1020.16-5)