NYSentencing

§ 130.55 Sexual abuse in the third degree.
  A person is guilty of sexual abuse in the third degree when he or  she
subjects  another person to sexual contact without the latter's consent;
except that in any prosecution under this section, it is an  affirmative
defense  that  (a) such other person's lack of consent was due solely to
incapacity to consent by reason of being less than seventeen years  old,
and  (b) such other person was more than fourteen years old, and (c) the
defendant was less than five years older than such other person.
  Sexual abuse in the third degree is a class B misdemeanor.
with Argument