Section 130.45. Criminal sexual act in the second degree  


Latest version.
  • 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.