New York State Penalties for Sex Offenses

S 130.20 Sexual misconduct.

  A person is guilty of sexual misconduct when:

  1. He or she engages in sexual intercourse with another person without

such person’s consent; or

  2. He or she engages in oral sexual conduct or anal sexual conduct with another person

without such person’s consent; or

  3. He or she engages in sexual conduct with an animal or a dead human body.

  Sexual misconduct is a class A misdemeanor. Punishable up to one year in prison.

S 130.25 Rape in the third degree.

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

  1. He or she engages in sexual intercourse with another person who is

incapable of consent by reason of some factor other than being less than seventeen years old;

  2. Being twenty-one years old or more, he or she engages in sexual

intercourse with another person less than seventeen years old; or

  3. He or she engages in sexual intercourse with another person without such person’s consent where such
lack of consent is by reason of some factor other than incapacity to consent.

  Rape in the third degree is a class E felony. Punishable up to 4 years in prison

S 130.30 Rape in the second degree.

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

  1. being eighteen years old or more, he or she engages in sexual

intercourse with another person less than fifteen years old; or

  2. he or she engages in sexual intercourse with another person who is

incapable of consent by reason of being mentally disabled or mentally

incapacitated.

  It shall be an affirmative defense to the crime of rape in the second

degree as defined in subdivision one of this section that the defendant

was less than four years older than the victim at the time of the act.

  Rape in the second degree is a class D felony. Punishable by four to seven years in prison.

 S 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. Punishable by nine to twenty-five years in prison.

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S 130.40 Criminal sexual act in the third degree.

   A person is guilty of criminal sexual act in the third degree when:

  1. He or she engages in oral sexual conduct or anal sexual conduct

with a person who is incapable of consent by reason of some factor other

than being less than seventeen years old;

  2. Being twenty-one years old or more, he or she engages in oral

sexual conduct or anal sexual conduct with a person less than seventeen

years old; or

  3. He or she engages in oral sexual conduct or anal sexual conduct

with another person without such person’s consent where such lack of

consent is by reason of some factor other than incapacity to consent.

  Criminal sexual act in the third degree is a class E felony.

S 130.45 Criminal sexual act in the second degree. 

  A person is guilty of criminal sexual act in the second degree when:

  1. being eighteen years old or more, he or she engages in oral sexual

conduct or anal sexual conduct with another person less than fifteen

years old; or

  2. he or she engages in oral sexual conduct or anal sexual conduct

with another person who is incapable of consent by reason of being

mentally disabled or mentally incapacitated.

  It shall be an affirmative defense to the crime of criminal sexual act

in the second degree as defined in subdivision one of this section that

the defendant was less than four years older than the victim at the time

of the act.

  Criminal sexual act in the second degree is a class D felony.

Punishable by four to seven years in prison.

S 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.

Punishable by nine to twenty-five years in prison.

S 130.52 Forcible touching.

  A person is guilty of forcible touching when such person

intentionally, and for no legitimate purpose, forcibly touches the

sexual or other intimate parts of another person for the purpose of

degrading or abusing such person; or for the purpose of gratifying the

actor’s sexual desire.

  For the purposes of this section, forcible touching includes

squeezing, grabbing or pinching.

  Forcible touching is a class A misdemeanor. Punishable up to one year in jail.

S 130.53 Persistent sexual abuse.

   A person is guilty of persistent sexual abuse when he or she commits

the crime of forcible touching, as defined in section 130.52 of this

article, sexual abuse in the third degree, as defined in section 130.55

of this article, or sexual abuse in the second degree, as defined in

section 130.60 of this article, and, within the previous ten year

period, has been convicted two or more times, in separate criminal

transactions for which sentence was imposed on separate occasions, of

forcible touching, as defined in section 130.52 of this article, sexual

abuse in the third degree as defined in section 130.55 of this article,

sexual abuse in the second degree, as defined in section 130.60 of this

article, or any offense defined in this article, of which the commission

or attempted commission thereof is a felony.

Persistent sexual abuse is a class E felony. Punishable by one to three years in prison.

S 130.55 Sexual abuse in the third degree.

   A person is guilty of sexual abuse in the third degree when he or she

subjects another person to sexual contact without the latter’s consent;

except that in any prosecution under this section, it is an affirmative

defense that (a) such other person's lack of consent was due solely to

incapacity to consent by reason of being less than seventeen years old,

and (b) such other person was more than fourteen years old, and (c) the

defendant was less than five years older than such other person.

  Sexual abuse in the third degree is a class B misdemeanor. Punishable up to one year in jail.

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S 130.60 Sexual abuse in the second degree.

   A person is guilty of sexual abuse in the second degree when he or she

subjects another person to sexual contact and when such other person is:

 1. Incapable of consent by reason of some factor other than being less

than seventeen years old; or

  2. Less than fourteen years old.

  Sexual abuse in the second degree is a class A misdemeanor. Punishable up to one year in jail. 

S 130.65 Sexual abuse in the first degree.

   A person is guilty of sexual abuse in the first degree when he or she

subjects another person to sexual contact:

  1. By forcible compulsion; or

  2. When the other person is incapable of consent by reason of being

physically helpless; or

  3. When the other person is less than eleven years old.

  Sexual abuse in the first degree is a class D felony. Punishable by four to seven years in prison.

S 130.65-a Aggravated sexual abuse in the fourth degree.

  1. A person is guilty of aggravated sexual abuse in the fourth degree

when:

  (a) He or she inserts a foreign object in the vagina, urethra, penis

or rectum of another person and the other person is incapable of consent by reason

of some factor other than being less than seventeen years old;

or

  (b) He or she inserts a finger in the vagina, urethra, penis or rectum of another

person causing physical injury to such person and such person is

incapable of consent by reason of some factor other than being less than seventeen years old.

  2. Conduct performed for a valid medical purpose does not violate the

provisions of this section.

  Aggravated sexual abuse in the fourth degree is a class E felony.

Punishable by one to three years in prison.

S 130.66 Aggravated sexual abuse in the third degree.

   1. A person is guilty of aggravated sexual abuse in the third degree

when he inserts a foreign object in the vagina, urethra, penis or rectum of another person:

  (a) By forcible compulsion; or

  (b) When the other person is incapable of consent by reason of being

physically helpless; or

  (c) When the other person is less than eleven years old.

  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 or

rectum 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.

Punishable by four to seven years in prison.

  S 130.67 Aggravated sexual abuse in the second degree. 

  1. A person is guilty of aggravated sexual abuse in the second degree

when he inserts a finger in the vagina, urethra, penis, or rectum of

another person causing physical injury to such person:

  (a) By forcible compulsion; or

  (b) When the other person is incapable of consent by reason of being

physically helpless; or

  (c) When the other person is less than eleven years old.

  2. Conduct performed for a valid medical purpose does not violate the

provisions of this section.

  Aggravated sexual abuse in the second degree is a class C felony.

Punishable by six to fifteen years in prison.

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S 130.70 Aggravated sexual abuse in the first degree.

   1. A person is guilty of aggravated sexual abuse in the first degree

when he inserts a foreign object in the vagina, urethra, penis or rectum

of another person causing physical injury to such person:

  (a) By forcible compulsion; or

  (b) When the other person is incapable of consent by reason of being

physically helpless; or

  (c) When the other person is less than eleven years old.

  2. Conduct performed for a valid medical purpose does not violate the

provisions of this section.

  Aggravated sexual abuse in the first degree is a class B felony.

Punishable by nine to twenty-five years in prison.

  S 130.75 Course of sexual conduct against a child in the first degree.

   1. A person is guilty of course of sexual conduct against a child in

the first degree when, over a period of time not less than three months

in duration:

  (a) he or she engages in two or more acts of sexual conduct, which

includes at least one act of sexual intercourse, oral sexual conduct,

anal sexual conduct or aggravated sexual contact, with a child less than

eleven years old; or

  (b) he or she, being eighteen years old or more, engages in two or

more acts of sexual conduct, which include at least one act of sexual

intercourse, oral sexual conduct, anal sexual conduct or aggravated

sexual contact, with a child less than thirteen years old.

  2. A person may not be subsequently prosecuted for any other sexual

offense involving the same victim unless the other charged offense

occurred outside the time period charged under this section.

  Course of sexual conduct against a child in the first degree is a

class B felony. Punishable by nine to twenty-five years in prison.

  S 130.80 Course of sexual conduct against a child in the second degree. 

  1. A person is guilty of course of sexual conduct against a child in

the second degree when, over a period of time not less than three months

in duration:

  (a) he or she engages in two or more acts of sexual conduct with a

child less than eleven years old; or

  (b) he or she, being eighteen years old or more, engages in two or

more acts of sexual conduct with a child less than thirteen years old.

  2. A person may not be subsequently prosecuted for any other sexual

offense involving the same victim unless the other charged offense

occurred outside the time period charged under this section.

Course of sexual conduct against a child in the second degree is a

class D felony. Punishable by four to seven years in prison.