New York statute
N.Y. Penal Law § 130.35 — Rape in the first 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 § 130.35
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.
130.35 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.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is rape in the first degree in New York?
Rape in the first degree is a Class B Felony in New York under N.Y. Penal Law § 130.35.
Which New York statute covers rape in the first degree?
Rape in the first degree is governed by N.Y. Penal Law § 130.35 (Rape in the first degree).
This reference is informational and is not legal advice.