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Legal Statutes: New York

UPDATED April 20, 2017

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Article 130. Sex Offenses

back to topSec. 130.35. Rape in the first degree

A person is guilty of rape in the first degree when he or she engages in sexual intercourse 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.

Rape in the first degree is a class B felony.
(L.1965, c. 1030; amended L.2000, c. 1, § 34, eff. Feb. 1, 2001.)