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Legal Information: New York

Statutes: New York

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Updated: 
September 18, 2024

Sec. 130.35. Rape in the first degree

A person is guilty of rape in the first degree when:
 

1. he or she engages in vaginal sexual contact with another person:
 

(a) By forcible compulsion; or
 

(b) Who is incapable of consent by reason of being physically helpless; or
 

(c) Who is less than eleven years old; or
 

(d) Who is less than thirteen years old and the actor is eighteen years old or more;
 

2. he or she engages in oral sexual contact with another person:
 

(a) By forcible compulsion; or
 

(b) Who is incapable of consent by reason of being physically helpless; or
 

(c) Who is less than eleven years old; or
 

(d) Who is less than thirteen years old and the actor is eighteen years old or more; or
 

3. he or she engages in anal sexual contact with another person:
 

(a) By forcible compulsion; or
 

(b) Who is incapable of consent by reason of being physically helpless; or
 

(c) Who is less than eleven years old; or
 

(d) 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.