Section 130.30 - [Effective 9/1/2024] Rape in the second degreeA 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; or6. 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.
Amended by New York Laws 2024, ch. 23,Sec. 45, eff. 1/30/2024.Amended by New York Laws 2023, ch. 777,Sec. 4, eff. 9/1/2024, op. to any offense committed on or after 9/1/2024.This section is set out more than once due to postponed, multiple, or conflicting amendments.