New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
* § 130.25 Rape in the third degree.
A person is guilty of rape in the third 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
seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual
intercourse with another person less than seventeen 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.
Rape in the third degree is a class E felony.
* NB Effective until September 1, 2024
* § 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:
1. He or she engages in vaginal sexual contact with another person who
is incapable of consent by reason of some factor other than being less
than seventeen years old;
2. He or she engages in oral sexual contact with another person who is
incapable of consent by reason of some factor other than being less than
seventeen years old;
3. He or she engages in anal sexual contact with another person who is
incapable of consent by reason of some other factor other than being
less than seventeen years old;
4. Being twenty-one years old or more, he or she engages in vaginal
sexual contact with another person less than seventeen years old; 5.
Being twenty-one years old or more, he or she engages in oral sexual
contact with another person less than seventeen years old;
6. Being twenty-one years old or more, he or she engages in anal
sexual contact with another person less than seventeen years old;
7. He or she engages in vaginal sexual contact with another person
without such person's consent where such lack of consent is by reason of
some factor other than incapacity to consent;
8. He or she engages in oral sexual contact with another person
without such person's consent where such lack of consent is by reason of
some factor other than incapacity to consent; or
9. He or she engages in anal sexual contact with another person
without such person's consent where such lack of consent is by reason of
some factor other than the incapacity to consent.
Rape in the third degree is a class E felony.
* NB Effective September 1, 2024
