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 either 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 defective, mentally incapacitated or physically helpless.
(b) Criminal sexual conduct in the fourth degree is a felony of the third degree, except for first time offenders it is a misdemeanor.