§ 130.25 Rape in the third degree.
   A person is guilty of rape in the third degree when:
   1. He or she engages in sexual intercourse  with  another  person  
who is incapable of consent by reason of
some factor other than being less than seventeen years old; 
  2. Being twenty-one years old or more, he or  she  engages  in  sexual
intercourse  with another person less
than seventeen years old; or
  3. He or she engages in sexual intercourse with another person without
such person's consent where such lack of consent is by  reason  of  some
factor other than incapacity to consent.
   Rape in the third degree is a class E felony.
Effective 2/1/01.