New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
* ยง 130.45 Criminal sexual act in the second degree.
A person is guilty of criminal sexual act in the second degree when:
1. being eighteen years old or more, he or she engages in oral sexual
conduct or anal sexual conduct with another person less than fifteen
years old; or
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.
It shall be an affirmative defense to the crime of criminal sexual act
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.
Criminal sexual act in the second degree is a class D felony.
* NB Repealed September 1, 2024
