New York Rape Laws

New York Penal Code Section 130.25, et seq.

A person is guilty of rape in the third degree when 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 17 years old;
• Who is less than 17 years old, and the defendant is 21 years old or more; or
• Without such person's consent, which is withheld for some other reason than incapacity to consent.

A person commits second-degree rape when he or she engages in sexual intercourse with another person:

• Who is less than 15 years old and the defendant is 18 years old or more; or
• Who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:

• By "forcible compulsion" -- compelling the victim through the use of physical force or the threat of immediate death, physical injury or kidnapping;
• Who is incapable of consent by reason of being physically helpless;
• Who is less than 11 years old; or
• Who is less than 13 years old and the defendant is 18 years old or more.

• Lack of knowledge of victim's incapacity to consent based on a mental disability, mental incapacitation or physical helplessness
• Valid medical or health care purpose
• Defendant was less than four years older than the victim at the time of the act (for second-degree rape)
• Client or patient consented to conduct after being informed that such conduct was not performed for a valid medical purpose (for third-degree rape)
• Spouse of victim (where victim was deemed incapable of consenting due to age, mental health, or other specified restrictions)

Third Degree Rape: Class E felony (up to 4 yrs. in prison and up to $5,000 in fines)

Second Degree Rape: Class D felony (1 to 7 years in prison and up to $5,000 in fines)

First Degree Rape: Class B felony (5 to 25 yrs. in prison and up to $5,000 in fines)