(a) Definitions. For purposes of this chapter, “position of authority” means and includes, but is not limited to, any person who is acting in the place of a parent and charged with any of a parent’s rights, duties, or responsibilities to a person under the age of eighteen (18) years, or a person who is charged with any duty or responsibility for the health, welfare, or supervision of a person under the age of eighteen (18) years, either independently or through another, no matter how brief, at the time of the act.
(b) A person is guilty of third-degree sexual assault if:
(1) He or she is over the age of eighteen (18) years and engaged in sexual penetration with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age; or
(2) He or she is over the age of eighteen (18) years and engaged in sexual penetration or sexual contact with another person over the age of fourteen (14) years and under the age of eighteen (18) years, under circumstances whereby:
(i) The accused has supervisory or disciplinary power over the victim by virtue of the accused’s legal, professional, or occupational status; or
(ii) The accused is otherwise acting in a position of authority with respect to the victim.
(iii) It shall not be a violation of subsection (b)(2) of this section if the parties are:
(A) Engaging in sexual penetration or contact consensually;
(B) Between the ages of sixteen (16) and twenty (20) years; and
(C) No more than thirty (30) months apart in age.