(1) it's a defense to prosecution if suspect was less than three (3) years older than the victim at time of alleged offense & the victim's lack of consent was due only to the incapacity to consent by reason of being less than a specified age for prosecution of:

• 163.355 (rape 3)

• 163.365 (rape 2)

• 163.385 (sodomy 3)

• 163.395 (sodomy 2)

• 163.415 (sexual abuse 3)

• 163.425 (sexual abuse 2)

• 163.427 (sexual abuse 1)

• 163.435 (contributing to the sexual delinquency of a minor)

• 163.408 (unlawful sexual penetration 2) when the object used was any part of the suspect's hand

• 163.445 (sexual misconduct) if victim was >= 15 years of age at the time of crime