Legal Question in Criminal Law in New York

Re: 16 and 14 yr. olds having consensual sex

here is the law:

Penal law � 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.