2. It is a defense to a prosecution under subsection 1, paragraphs A, A-1 and, A-2 and F, that the actor reasonably believed the other person is at least 16 years of age.

Sec. 5. 17-A MRSA §260 is enacted to read:

§260.__Unlawful sexual touching

1.__Unlawful sexual touching.__A person is guilty of unlawful sexual touching if the actor intentionally subjects another person to any sexual touching and:

A.__The other person has not expressly or impliedly acquiesced in the sexual touching.__Violation of this paragraph is a Class D crime;

B.__The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual touching.__Violation of this paragraph is a Class D crime;

C.__The other person, not the actor's spouse, is in fact less than 14 years of age and the actor is at least 5 years older.__Violation of this paragraph is a Class D crime;

D.__The other person suffers from a mental disability that is reasonably apparent or known to the actor that in fact renders the other person substantially incapable of appraising the nature of the touching involved or of understanding that the other person has the right to deny or withdraw consent.__Violation of this paragraph is a Class D crime;

E.__The other person, not the actor's spouse, is in official custody as a probationer or parolee or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary authority over the other person.__ Violation of this paragraph is a Class D crime;

F.__The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official having instructional, supervisory or disciplinary authority over the student.__Violation of this paragraph is a Class D crime;