510.130 Sexual abuse in the third degree. (1) 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. (2) In any prosecution under this section, it is a defense that: (a) The other person's lack of consent was due solely to incapacity to consent by reason of being less than sixteen (16) years old; and (b) The other person was at least fourteen (14) years old; and (c) The actor was less than eighteen (18) years old. (3) Sexual abuse in the third degree is a Class B misdemeanor. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 72, sec. 3, effective July 15, 2008. -- Created 1974 Ky. Acts ch. 406, sec. 93, effective January 1, 1975. Legislative Research Commission Note (7/15/2008). The numbering of subsections in this section has been altered by the Reviser of Statutes from the numbering in 2008 Ky. Acts ch. 72, sec. 3, under the authority of KRS 7.136.