§ 130.45 Criminal sexual act in the second degree.
  A  person  is  guilty  of    criminal sexual act in the second
degree when:
  1. being eighteen years old or more, he or  she  engages  in  
oral  sexual  conduct  or anal sexual conduct with
another person less than fifteen years old; or
  2. he or she engages  in  oral  sexual
conduct  or  anal sexual conduct 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    criminal
sexual  act  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.
  Criminal sexual act in the second degree is a class D felony.

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