Back to New York overview
- Laws of New York (select sections)
- Criminal Procedure Law
- Part One. General Provisions
- Title C. General Principles Relating to Requirements for and Exemptions from Criminal Prosecution
- Article 30. Timeliness of Prosecutions and Speedy Trial
- Chapter 11-A. Of the Consolidated Laws
- Part Two. The Principal Proceedings
- Title H. Preliminary Proceedings in Local Criminal Court
- Article 140. Arrest Without a Warrant
- Domestic Relations Law
- Chapter 14. Of the Consolidated Laws
- Article 5. The Custody and Wages of Children
- Article 5-A. Uniform Child Custody Jurisdiction and Enforcement Act
- Title II. Jurisdiction
- Title III. Enforcement
- Article 10. Action for Divorce
- Article 13. Provisions Applicable to More Than One Type of Matrimonial Action
- Executive Law
- Chapter Eighteen. Of the Consolidated Laws
- Article 11. Division of State Police
- Article 15. Human Rights Law
- Family Court Act
- Article 1. Family Court Established
- Part 1. Applicability of Act and Creation of Court
- Part 5. General Powers
- Article 2. Administration, Medical Examinations, Law Guardians, Auxiliary Services
- Part 6. Counsel for Indigent Adults in Family Court Proceedings
- Article 4. Support Proceedings
- Part 1. Jurisdiction and Duties of Support
- Part 2. Venue and Preliminary Procedure
- Part 5. Compliance with Orders
- Article 5. Paternity proceedings
- Article 6. Permanent termination of parental rights, adoption, guardianship and custody
- Article 8. Family offenses proceedings
- Part 1. Jurisdiction
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- Part 3. Hearing
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- Judiciary Law
- Chapter 30. Of the Consolidated Laws
- Article 2. General Provisions Relating to Courts and Judges
- Labor Law
- Chapter 31. Of the Consolidated Laws
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- Title 7. Benefits and Claims
- Penal Law
- Chapter 40. Of the Consolidated Laws
- Part One. General Provisions
- Title A. General purposes, rules of construction and definitions
- Part Two. Sentences
- Title E. Sentences
- Article 70. Sentences of Imprisonment
- Article 80. Fines
- Part Three. Specific Offenses
- Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint, and Intimidation
- Article 120. Assault and Related Offenses
- Article 121. Strangulation and Related Offenses
- Article 130. Sex Offenses
- Article 135. Kidnapping, Coercion and Related Offenses
- Title I. Offenses Involving Damage to and Intrusion Upon Property
- Article 140. Burglary and Related Offenses
- Article 145. Criminal Mischief and Related Offenses
- Title J. Offenses Involving Theft
- Title K. Offenses Involving Fraud
- Article 190. Other Frauds
- Title L. Offenses Against Public Administration
- Article 215. Other Offenses Relating to Judicial and Other Proceedings
- Title N. Offenses Against Public Order, Public Sensibilities and the Right to Privacy
- Article 240. Offenses Against Public Order
- Article 250. Offenses Against the Right to Privacy
- Title P. Offenses Against Public Safety
- Article 265. Firearms and Other Dangerous Weapons
- Part Four. Administrative Provisions
- Title W. Provisions Relating to Firearms, Fireworks, Pornography Equipment and Vehicles Used in the Transportation of Gambling Records
- Article 400. Licensing and Other Provisions Relating to Firearms
- Real Property Law
- Chapter 50. Of the Consolidated Laws
- Article 7. Landlord and Tenant
Article 130. Sex Offenses
back to topSec. 130.00 Sex offenses; definitions of terms
The following definitions are applicable to this article:
1. “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight.
2. (a) “Oral sexual conduct” means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.
(b) “Anal sexual conduct” means conduct between persons consisting of contact between the penis and anus.
3. “Sexual contact” means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.
4. For the purposes of this article “married” means the existence of the relationship between the actor and the victim as spouses which is recognized by law at the time the actor commits an offense proscribed by this article against the victim.
5. “Mentally disabled” means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct.
6. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent.
7. “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
8. “Forcible compulsion” means to compel by either:
a. use of physical force; or
b. a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped.
9. “Foreign object” means any instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury.
10. “Sexual conduct” means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.
11. “Aggravated sexual contact” means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child, thereby causing physical injury to such child.
12. “Health care provider” means any person who is, or is required to be, licensed or registered or holds himself or herself out to be licensed or registered, or provides services as if he or she were licensed or registered in the profession of medicine, chiropractic, dentistry or podiatry under any of the following: article one hundred thirty-one, one hundred thirty-two, one hundred thirty-three, or one hundred forty-one of the education law.
13. “Mental health care provider” shall mean a licensed physician, licensed psychologist, registered professional nurse, licensed clinical social worker or a licensed master social worker under the supervision of a physician, psychologist or licensed clinical social worker.
(L.1965, c. 1030. Amended L.1977, c. 692, § 2; L.1978, c. 723, § 1; L.1978, c. 735, § 1; L.1981, c. 696, § 1; L.1982, c. 560, § 1; L.1983, c. 449, § 1; L.1984, c. 650, § 1; L.1996, c. 122, § 5; L.2000, c. 1, §§ 1-a, 2, eff. Feb. 1, 2001; L.2003, c. 264, § 12, eff. Nov. 1, 2003; L.2004, c. 230, § 25, eff. July 27, 2004; L.2009, c. 485, §§ 1, 2, eff. Jan. 7, 2010; L.2010, c. 193, § 1, eff. Oct. 13, 2010.)