New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 130.66 Aggravated sexual abuse in the third degree.
1. A person is guilty of aggravated sexual abuse in the third degree
when he or she inserts a foreign object or a finger in the vagina,
urethra, penis, rectum or anus of another person:
(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being
physically helpless;
(c) When the other person is less than eleven years old; or
(d) When the other person is less than thirteen years old and the
actor is eighteen years of age or older.
2. A person is guilty of aggravated sexual abuse in the third degree
when he or she inserts a foreign object in the vagina, urethra, penis,
rectum or anus of another person causing physical injury to such person
and such person is incapable of consent by reason of being mentally
disabled or mentally incapacitated.
3. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
Aggravated sexual abuse in the third degree is a class D felony.
