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 |
https://statelaws.findlaw.com/new-york-law/new-york-rape-laws.html
