New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
* § 130.30 Rape in the second degree.
A person is guilty of rape in the second degree when:
1. being eighteen years old or more, he or she engages in sexual
intercourse with another person less than fifteen years old; or
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.
It shall be an affirmative defense to the crime of rape in the second
degree as defined in subdivision one of this section that the defendant
was less than four years older than the victim at the time of the act.
Rape in the second degree is a class D felony.
* NB Effective until September 1, 2024
* § 130.30 Rape in the second degree.
A person is guilty of rape in the second degree when:
1. being eighteen years old or more, he or she engages in vaginal
sexual contact with another person less than fifteen years old;
2. being eighteen years old or more, he or she engages in oral sexual
contact with another person less than fifteen years old;
3. being eighteen years old or more, he or she engages in anal sexual
contact with another person less than fifteen years old;
4. he or she engages in vaginal sexual contact with another person who
is incapable of consent by reason of being mentally disabled or mentally
incapacitated;
5. he or she engages in oral sexual contact with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated; or
6. he or she engages in anal sexual contact with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated.
It shall be an affirmative defense to the crime of rape in the second
degree as defined in subdivisions one, two and three of this section
that the defendant was less than four years older than the victim at the
time of the act.
Rape in the second degree is a class D felony.
* NB Effective September 1, 2024
