Section 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.