21-3522. Unlawful voluntary sexual relations. (a) Unlawful voluntary sexual relations is engaging in voluntary: (1) Sexual intercourse; (2) sodomy; or (3) lewd fondling or touching with a child who is 14 years of age but less than 16 years of age and the offender is less than 19 years of age and less than four years of age older than the child and the child and the offender are the only parties involved and are members of the opposite sex.
(b) (1) Unlawful voluntary sexual relations as provided in subsection (a)(1) is a severity level 8, person felony.
(2) Unlawful voluntary sexual relations as provided in subsection (a)(2) is a severity level 9, person felony.
(3) Unlawful voluntary sexual relations as provided in subsection (a)(3) is a severity level 10, person felony.
So, the singular problem involves that phrase: "and are members of the opposite sex."