(1) A person is guilty of sexual abuse in the second degree when:
(a) He or she is at least eighteen (18) years old but less than twenty-one (21) years old and subjects another person who is less than sixteen (16) years old to sexual contact;
(b) Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility as defined in KRS 520.010, or of an entity under contract with either department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he or she subjects a person who is at least eighteen (18) years old and who he or she knows is incarcerated, supervised, evaluated, or treated by the Department of Corrections, Department of Juvenile Justice, detention facility, or contracting entity, to sexual contact; or (c) Being a peace officer, while serving in his or her official capacity, he or she subjects a person who the officer:
1. Arrested, held in custody, or investigated for commission of a traffic or criminal offense; or 2. Knew or should have known was under arrest, held in custody, or being investigated for commission of a traffic or criminal offense; to sexual contact.
(2) In any prosecution under subsection (1)(a) of 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 five (5) years older than the other person.
(3) Sexual abuse in the second degree is a Class A misdemeanor.