New York Rape Laws

Statute	New York Penal Code Section 130.25, et seq.
Third Degree Rape	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.
Second Degree Rape	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.
First Degree Rape	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