25.30. Fourth Degree Criminal Sexual Conduct.
(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.