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NYPTI Law - NYS Statutes

Statute:

Criminal sexual act in the first degree

* ยง 130.50 Criminal sexual act in the first degree.

A person is guilty of criminal sexual act in the first degree when he
or she engages in oral sexual conduct or anal sexual conduct with
another person:

1. By forcible compulsion; or

2. Who is incapable of consent by reason of being physically helpless;
or

3. Who is less than eleven years old; or

4. Who is less than thirteen years old and the actor is eighteen years
old or more.

Criminal sexual act in the first degree is a class B felony.

* NB Repealed September 1, 2024

PEN 130.50 2024-02-02

Criminal Jury Instruction Links:


Forcible Compulsion - PL 130.50(1)
Physical Helplessness - PL 130.50(2)
Complainant Less Than 11- PL 130.50(3)
Complainant Less Than 13; Defendant 18 or More - PL 130.50(4)

Sections:

130. Sex offenses
130.00 Sex offenses; definitions of terms.
130.05 Sex offenses; lack of consent.
130.10 Sex offenses; limitation; defenses.
130.16 Sex offenses; corroboration.
130.20 Sexual misconduct.
130.25 Rape in the third degree.
130.30 Rape in the second degree.
130.35 Rape in the first degree.
130.40 Criminal Sexual Act in the third degree.
130.45 Criminal Sexual Act in the second degree.
130.50 Criminal Sexual Act in the first degree.
130.52 Forcible touching.
130.53 Persistent sexual abuse.
130.55 Sexual abuse in the third degree.
130.60 Sexual abuse in the second degree.
130.65 Sexual abuse in the first degree.
130.65-a Aggravated sexual abuse in the fourth degree.
130.66 Aggravated sexual abuse in the third degree.
130.67 Aggravated sexual abuse in the second degree.
130.70 Aggravated sexual abuse in the first degree.
130.75 Course of sexual conduct against a child in the first degree.
130.80 Course of sexual conduct against a child in the second degree.
130.85 Female genital mutilation.
130.90 Facilitating a sex offense with a controlled substance.
130.91 Sexually motivated felony.
130.92 Sentencing.
130.95 Predatory sexual assault.
130.96 Predatory sexual assault against a child.

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