What is Criminal Sex Act in the Third Degree in violation of N.Y. Penal Law § 130.40?

A person is charged with Criminal Sex Act in the Third Degree when:

• Anal or oral sexual conduct occurs between 2 people and the contact with the person that is not able to consent is based on something other than being less than 17 years old.
• Anal or oral sexual conduct occurs between 2 people, one who is over 21 years old and one who is younger than 17 years old.
• Anal or oral sexual conduct occurs between 2 people and the contact with the person that is not able to consent is based on something other than incapacity to consent.