N.Y. Penal Law § 130.30

Current through 2024 NY Law Chapters 1-49, 52, and 61-117

Section 130.30 - [Effective Until 9/1/2024] 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 sexual intercourse with another person less than fifteen years old; or

2. he or she engages in sexual intercourse 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 subdivision one 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.

N.Y. Penal Law § 130.30

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.