S 130.40 Criminal sexual act in the third degree.
  A person is guilty of criminal sexual act in the third degree
when:
  1.  He  or  she  engages  in  oral sexual
conduct or anal sexual conduct with a 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  
oral  sexual conduct or anal sexual conduct with a
person less than seventeen years old; or
  3. He or she engages  in  oral  sexual
conduct or anal sexual conduct with another person without such person`s
consent  where  such  lack  of consent is by reason of some factor other
than incapacity to consent.
  Criminal sexual act in the third degree is a class E felony.

(As amended by L.2003, c.264, effective 11/1/03.)