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SEX CRIMES

NEW YORK PENAL LAW

CLASS B MISDEMEANORS:

NYPL § 130.55 - Sexual Abuse in the 3rd Degree:

A person is guilty of sexual abuse in the 3rd degree when he or she subjects another person to sexual contact without the latter's consent;  except that in any prosecution under this section, it is an affirmative defense that

(a) such other person's lack of consent was due solely to incapacity to consent by reason of being less than 17 years old, and

(b) such other person was more than 14 years old, and

(c) the defendant was less than 5 years older than such other person.

 

CLASS A MISDEMEANORS:

NYPL § 130.20 - Sexual Misconduct:

A person is guilty of sexual misconduct when:

1.  He or she engages in sexual intercourse with another person without such person's consent;  or

2. He or she engages in oral or anal sexual conduct with another person without such person's consent;  or

3. He or she engages in sexual conduct with an animal or a dead human body.

NYPL § 130.52 - Forcible Touching:

A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person;  or for the purpose of gratifying the actor's sexual desire.

For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.*

NYPL § 130.60 - Sexual Abuse in the 2nd Degree:

A person is guilty of sexual abuse in the 2nd degree when he or she subjects another person to sexual contact and when such other person is:

1. Incapable of consent by reason of some factor other than being less than 17 years old;  or

2. Less than 14 years old.

 

CLASS E FELONIES:

NYPL § 130.25  - Rape in the 3rd Degree:

A person is guilty of rape in the 3rd degree when:

1. 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;

2. Being 21 years old or more, he or she engages in sexual intercourse with another person less than 17 years old;  or

3. He or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.

NYPL § 130.40  - Criminal Sexual Act in the 3rd Degree:

A person is guilty of criminal sexual act in the 3rd degree when:

1. He or she engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than 17 years old;

2. Being 21 years old or more, he or she engages in oral sexual conduct or anal sexual conduct with a person less than 17 years old; or

3. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.

 

CLASS D FELONIES:

NYPL § 130.30 - Rape in the 2nd Degree: *

A person is guilty of rape in the 2nd degree when:

1. Being 18 years old or more, he or she engages in sexual intercourse with another person less than 15 years old;  or

It shall be an affirmative defense to this subdivision that the defendant was less than 4 years older than the victim at the time of the act

2. He or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

NYPL § 130.45 - Criminal Sexual Act  in the 2nd Degree:

A person is guilty of criminal sexual act in the 2nd degree when:

1. Being 18 years old or more, he or she engages in oral sexual conduct or anal sexual conduct with another person less than 15 years old;  or

It shall be an affirmative defense to this subdivision that the defendant was less than 4 years older than the victim at the time of the act.

2. He or she engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

NYPL § 130.65 - Sexual Abuse in the 1st Degree:

A person is guilty of sexual abuse in the 1st degree when he or she subjects another person to sexual contact:

1. By forcible compulsion; or

2. When the other person is incapable of consent by reason of being physically helpless; or

3. When the other person is less than 11 years old; or

4. When the other person is less than 13 years old and the actor is 21 years old or older.

 

CLASS B FELONIES:

NYPL § 130.35 - Rape in the 1st Degree:

A person is guilty of rape in the 1st degree when he or she engages in sexual intercourse with another person:

1. By forcible compulsion; or

2. Who is incapable of consent by reason of being physically helpless; or

3. Who is less than 11 years old; or

4. Who is less than 13 years old and the actor is 18 years old or more.

NYPL § 130.50 - Criminal Sexual Act in the 1st Degree:

A person is guilty of criminal sexual act in the 1st degree when he or she engages in oral sexual conduct or anal sexual conduct with another person:

1. By forcible compulsion;  or

2. Who is incapable of consent by reason of being physically helpless;  or

3. Who is less than 11 years old;  or

4. Who is less than 13 years old and the actor is 18 years old or more.

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*Not verbatim. Click here for link to full text of current law

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