New York Laws on Rape
First-degree rape is defined as engaging in sexual intercourse with another person:
by force
physically helpless
less than eleven years old or thirteen years old
25 years in prison (determinate sentence).
Rape in the second degree is defined as being eighteen years old or more engaging in sexual intercourse with another person less than fifteen years old.
an affirmative defense to this crime if the defendant was less than four years older than the victim at the time of the act.
engaging in sexual intercourse with someone who cannot consent due to being mentally disabled or mentally incapacitated.
2 to 7 years in prison (determinate sentence).
Rape in the third degree
participating in sexual intercourse with another person who is incapable of consent because of some factor other than being less than seventeen years old
being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
engaging in sexual intercourse with another person without such person's consent where such lack of consent is because of some factor other than incapacity to consent.
https://rainn.org/laws-your-state-new-york