§ 130.45 Sodomy in the second degree.
  A person is guilty of sodomy in the second degree when[,]:
   1.  being  eighteen  years  old  or more, he OR SHE engages in deviate
sexual intercourse with another  person  less  than  [fourteen]  FIFTEEN
years old[.]; OR
  2. HE OR SHE ENGAGES IN DEVIATE SEXUAL INTERCOURSE WITH ANOTHER PERSON
WHO  IS  INCAPABLE  OF  CONSENT  BY REASON OF BEING MENTALLY DISABLED OR
MENTALLY INCAPACITATED.
  IT SHALL BE AN AFFIRMATIVE DEFENSE TO  THE  CRIME  OF  SODOMY  IN  THE
SECOND  DEGREE  AS  DEFINED  IN SUBDIVISION ONE OF THIS SECTION THAT THE
DEFENDANT WAS LESS THAN FOUR YEARS OLDER THAN THE VICTIM AT THE TIME  OF
THE ACT.
  Sodomy in the second degree is a class D felony.

Effective 2/1/01.

• deviate sexual intercourse
• defendant 18 or over
• victim less than 14

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• deviate sexual intercourse
• victim incapable of consent
• victim mentally disabled or mentally incapacitated

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