New York statute
N.Y. Penal Law § 130.25 — Rape in the third degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 130: Sex Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 130.25
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:
1. He or she engages in vaginal sexual contact with another person who
is incapable of consent by reason of some factor other than being less
than seventeen years old;
2. He or she engages in oral sexual contact with another person who is
incapable of consent by reason of some factor other than being less than
seventeen years old;
3. He or she engages in anal sexual contact with another person who is
incapable of consent by reason of some other factor other than being
less than seventeen years old;
4. Being twenty-one years old or more, he or she engages in vaginal
sexual contact with another person less than seventeen years old;
5. Being twenty-one years old or more, he or she engages in oral
sexual contact with another person less than seventeen years old;
6. Being twenty-one years old or more, he or she engages in anal
sexual contact with another person less than seventeen years old;
7. He or she engages in vaginal sexual contact with another person
without such person's consent where such lack of consent is by reason of
some factor other than incapacity to consent;
8. He or she engages in oral sexual contact with another person
without such person's consent where such lack of consent is by reason of
some factor other than incapacity to consent; or
9. He or she engages in anal sexual contact with another person
without such person's consent where such lack of consent is by reason of
some factor other than the incapacity to consent.
Rape in the third degree is a class E felony.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is rape in the third degree in New York?
Rape in the third degree is a Class E Felony in New York under N.Y. Penal Law § 130.25.
Which New York statute covers rape in the third degree?
Rape in the third degree is governed by N.Y. Penal Law § 130.25 (Rape in the third degree).
This reference is informational and is not legal advice.