1.He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
2.Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
3.He or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.
In the Marvel Universe, you can bet "was disguised as someone else via shapeshifting" would count as "some factor."