By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 24, 2023
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Generally, states criminalize sexual acts such as indecent exposure, sexual assault, prostitution, solicitation, rape, and statutory rape. An individual may be considered a "sex offender" if they are convicted of one of these acts, and may then be added to both state and federal sex offender registries. Most states also have laws prohibiting certain types of consensual sexual activities, although it should be noted that sodomy bans applicable to same-sex partners have been ruled unconstitutional (and therefore unenforceable) in Lawrence v. Texas (2003).
This article provides a brief overview of prohibited consensual sexual activity laws in New York. Keep in mind that "consent" is a legal term defined by state criminal law. For example, it is impossible for those under the age of 17 to consent to sexual activity in the state of New York.
Review the following table to learn more about New York's prohibited consensual sexual activity laws, including compelled HIV testing for sex offenders. See FindLaw's Sex Crimes section to learn about prohibited non-consensual sex acts.
Sodomy Laws Applicable to |
There is no anti-sodomy law in New York. |
|---|---|
Penalty for Sodomy |
There is no penalty for sodomy in New York. |
HIV Exposure and Compelled Testing for Offenders |
Under C.P.L. § 390.15, upon the request of a victim of certain felony offenses, the court must order the convicted person to be tested for HIV or other STIs |
Other Crimes Relating to Consensual Sex Acts |
|
Other Crimes Relating to Non-consensual Sex Acts |
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Criminal prosecution for a sex crime can have serious consequences for a defendant. If you have been arrested for a sex crime, you may consider contacting an experienced criminal defense attorney. If you cannot afford to hire an attorney, you still have the right to counsel and the public defender's office in your county will be able to assist you.
Contact a qualified attorney.
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