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New York statute

N.Y. Penal Law § 130.30 — Rape in the second 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 § 130.30

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.

N.Y. Penal Law § 130.30Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
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 vaginal sexual contact with another person less than fifteen years old; 2. being eighteen years old or more, he or she engages in oral sexual contact with another person less than fifteen years old; 3. being eighteen years old or more, he or she engages in anal sexual contact with another person less than fifteen years old; 4. he or she engages in vaginal sexual contact with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated; 5. he or she engages in oral sexual contact with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated; or 6. he or she engages in anal sexual contact 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 subdivisions one, two and three 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.

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This reference is informational and is not legal advice.