Section 130.25 - [Effective Until 9/1/2024] Rape in the third degreeA 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; or3. 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.
Amended by New York Laws 2024, ch. 23,Sec. 45, eff. 1/30/2024.This section is set out more than once due to postponed, multiple, or conflicting amendments.