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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

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