§ 1309. Sexual Abuse of a Minor in the Fourth Degree.
(a) An offender commits the crime of sexual abuse of a minor in the fourth degree if
(1) being under 16 years of age, the offender engages in sexual penetration or sexual contract with a person who is under 13 years of age and at least three years younger than the offender; or
(2) being 18 years of age or older, the offender engages in sexual contact with a person who is 16 or 17 years of age and at least three years younger than the offender, and the offender occupies a position of authority in relation to the victim.
(b) Sexual Abuse of a Minor in the fourth degree is punishable by imprisonment for not less than one hundred twenty days and not more than one year, a fine of not more than $1,000, or both. Notwithstanding any other provision of law, a person sentenced under this provision and 6 CMC section 4252 shall not be eligible for parole, if at all, until two-thirds of this minimum sentence (80 days) has been served.