Section 130.30. Rape in the second degree

A person is guilty of rape in the second degree when:
    1.  being  eighteen  years  old  or  more, he or she engages in sexual
  intercourse with another person less than fifteen years old; or
    2. he or she engages in 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 rape 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.
    Rape in the second degree is a class D felony.