New York Rape Laws

StatuteNew York Penal Code Section 130.25, et seq.
Third Degree RapeA 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 RapeA 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 RapeA 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

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Author: betterblokesnz