(a) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exists: (1) force or coercion is used to accomplish the sexual contact; (2) the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless; (3) the victim is at least fourteen (14) years of age and under sixteen (16) years of age. (b) Criminal sexual conduct in the fourth degree is a felony of the third degree, except, where the actor is a first time offender and the victim is eighteen (18) years of age or older, it shall be a misdemeanor. SOURCE: Repealed and reenacted by P.L. 15-060:1 (Aug. 31, 1979). Subsection (b) is amended by P.L. 20-209:1 (Aug. 22, 1990). Amended by P.L. 36-079:1 (Feb. 9, 2022). Subsection (a)(2) amended by P.L.36-101:6 (June 15, 2022).