| Find a word or phrase on this page: |
ARTICLE 130
SEX OFFENSES
Section 130.00 Sex offenses; definitions of terms.
130.05 Sex offenses; lack of consent.
130.10 Sex offenses; limitation; defenses.
130.16 Sex offenses; corroboration.
130.20 Sexual misconduct.
130.25 Rape in the third degree.
130.30 Rape in the second degree.
130.35 Rape in the first degree.
130.40 Sodomy in the third degree.
130.45 Sodomy in the second degree.
130.50 Sodomy in the first degree.
130.52 Forcible touching.
130.53 Persistent sexual abuse.
130.55 Sexual abuse in the third degree.
130.60 Sexual abuse in the second degree.
130.65 Sexual abuse in the first degree.
130.65-a Aggravated sexual abuse in the fourth degree.
130.66 Aggravated sexual abuse in the third degree.
130.67 Aggravated sexual abuse in the second degree.
130.70 Aggravated sexual abuse in the first degree.
130.75 Course of sexual conduct against a child in the first degree.
130.80 Course of sexual conduct against a child in the second degree.
130.85 Female genital mutilation.
130.90 Facilitating a sex offense with a controlled substance.
S 130.00 Sex offenses; definitions of terms.
The following definitions are applicable to this article:
1. "Sexual intercourse" has its ordinary meaning and occurs upon any
penetration, however slight.
2. "Deviate sexual intercourse" means sexual conduct between persons
not married to each other consisting of contact between the penis and
the anus, the mouth and penis, or the mouth and the vulva.
3. "Sexual contact" means any touching of the sexual or other intimate
parts of a person not married to the actor for the purpose of gratifying
sexual desire of either party. It includes the touching of the actor by
the victim, as well as the touching of the victim by the actor, whether
directly or through clothing.
4. "Female" means any female person who is not married to the actor.
For the purposes of this article "not married" means:
(a) the lack of an existing relationship of husband and wife between
the female and the actor which is recognized by law, or
(b) the existence of the relationship of husband and wife between the
actor and the female which is recognized by law at the time the actor
commits an offense proscribed by this article by means of forcible
compulsion against the female, and the female and actor are living apart
at such time pursuant to a valid and effective:
(i) order issued by a court of competent jurisdiction which by its
terms or in its effect requires such living apart, or
(ii) decree or judgment of separation, or
(iii) written agreement of separation subscribed by them and
acknowledged in the form required to entitle a deed to be recorded which
contains provisions specifically indicating that the actor may be guilty
of the commission of a crime for engaging in conduct which constitutes
an offense proscribed by this article against and without the consent of
the female.
5. "Mentally disabled" means that a person suffers from a mental
disease or defect which renders him or her incapable of appraising the
nature of his or her conduct.
6. "Mentally incapacitated" means that a person is rendered
temporarily incapable of appraising or controlling his conduct owing to
the influence of a narcotic or intoxicating substance administered to
him without his consent, or to any other act committed upon him without
his consent.
7. "Physically helpless" means that a person is unconscious or for any
other reason is physically unable to communicate unwillingness to an
act.
8. "Forcible compulsion" means to compel by either:
a. use of physical force; or
b. a threat, express or implied, which places a person in fear of
immediate death or physical injury to himself, herself or another
person, or in fear that he, she or another person will immediately be
kidnapped.
9. "Foreign object" means any instrument or article which, when
inserted in the vagina, urethra, penis or rectum, is capable of causing
physical injury.
10. "Sexual conduct" means sexual intercourse, deviate sexual
intercourse, aggravated sexual contact, or sexual contact.
11. "Aggravated sexual contact" means inserting, other than for a
valid medical purpose, a foreign object in the vagina, urethra, penis or
rectum of a child, thereby causing physical injury to such child.
12. "Health care provider" means any person who is, or is required to
be, licensed or registered or holds himself or herself out to be
licensed or registered, or provides services as if he or she were
licensed or registered in the profession of medicine, chiropractic,
dentistry or podiatry under any of the following: article one hundred
thirty-one, one hundred thirty-two, one hundred thirty-three, or one
hundred forty-one of the education law.
13. "Mental health care provider" means any person who is, or is
required to be, licensed or registered, or holds himself or herself out
to be licensed or registered, or provides mental health services as if
he or she were licensed or registered in the profession of medicine,
psychology or social work under any of the following: article one
hundred thirty-one, one hundred fifty-three, or one hundred fifty-four
of the education law.
S 130.05 Sex offenses; lack of consent.
1. Whether or not specifically stated, it is an element of every
offense defined in this article, except the offense of consensual
sodomy, that the sexual act was committed without consent of the victim.
2. Lack of consent results from:
(a) Forcible compulsion; or
(b) Incapacity to consent; or
(c) Where the offense charged is sexual abuse, any circumstances, in
addition to forcible compulsion or incapacity to consent, in which the
victim does not expressly or impliedly acquiesce in the actor`s conduct;
or
(d) Where the offense charged is rape in the third degree as defined
in subdivision three of section 130.25, or sodomy in the third degree as
defined in subdivision three of section 130.40, in addition to forcible
compulsion, circumstances under which, at the time of the act of
intercourse or deviate sexual intercourse, the victim clearly expressed
that he or she did not consent to engage in such act, and a reasonable
person in the actor`s situation would have understood such person`s
words and acts as an expression of lack of consent to such act under all
the circumstances.
3. A person is deemed incapable of consent when he or she is:
(a) less than seventeen years old; or
(b) mentally disabled; or
(c) mentally incapacitated; or
(d) physically helpless; or
(e) committed to the care and custody of the state department of
correctional services or a hospital, as such term is defined in
subdivision two of section four hundred of the correction law, and the
actor is an employee, not married to such person, who knows or
reasonably should know that such person is committed to the care and
custody of such department or hospital. For purposes of this paragraph,
"employee" means (i) an employee of the state department of correctional
services who performs professional duties in a state correctional
facility consisting of providing custody, medical or mental health
services, counseling services, educational programs, or vocational
training for inmates;
(ii) an employee of the division of parole who performs professional
duties in a state correctional facility and who provides institutional
parole services pursuant to section two hundred fifty-nine-e of the
executive law; or
(iii) an employee of the office of mental health who performs
professional duties in a state correctional facility or hospital, as
such term is defined in subdivision two of section four hundred of the
correction law, consisting of providing custody, or medical or mental
health services for such inmates; or
(f) committed to the care and custody of a local correctional
facility, as such term is defined in subdivision two of section forty of
the correction law, and the actor is an employee, not married to such
person, who knows or reasonably should know that such person is
committed to the care and custody of such facility. For purposes of this
paragraph, "employee" means an employee of the local correctional
facility where the person is committed who performs professional duties
consisting of providing custody, medical or mental health services,
counseling services, educational services, or vocational training for
inmates; or
(g) committed to or placed with the office of children and family
services and in residential care, and the actor is an employee, not
married to such person, who knows or reasonably should know that such
person is committed to or placed with such office of children and family
services and in residential care. For purposes of this paragraph,
"employee" means an employee of the office of children and family
services or of a residential facility who performs duties consisting of
providing custody, medical or mental health services, counseling
services, educational services, or vocational training for persons
committed to or placed with the office of children and family services
and in residential care; or
(h) a client or patient and the actor is a health care provider or
mental health care provider charged with rape in the third degree as
defined in section 130.25, sodomy in the third degree as defined in
section 130.40, aggravated sexual abuse in the fourth degree as defined
in section 130.65-a, or sexual abuse in the third degree as defined in
section 130.55, and the act of sexual conduct occurs during a treatment
session, consultation, interview, or examination.
S 130.10 Sex offenses; limitation; defenses.
1. In any prosecution under this article in which the victim`s lack of
consent is based solely upon his or her incapacity to consent because he
or she was mentally disabled, mentally incapacitated or physically
helpless, it is an affirmative defense that the defendant, at the time
he or she engaged in the conduct constituting the offense, did not know
of the facts or conditions responsible for such incapacity to consent.
2. Conduct performed for a valid medical or mental health care purpose
shall not constitute a violation of any section of this article in which
incapacity to consent is based on the circumstances set forth in
paragraph (h) of subdivision three of section 130.05 of this article.
3. In any prosecution for the crime of rape in the third degree as
defined in section 130.25, sodomy in the third degree as defined in
section 130.40, aggravated sexual abuse in the fourth degree as defined
in section 130.65-a, or sexual abuse in the third degree as defined in
section 130.55 in which incapacity to consent is based on the
circumstances set forth in paragraph (h) of subdivision three of section
130.05 of this article it shall be an affirmative defense that the
client or patient consented to such conduct charged after having been
expressly advised by the health care or mental health care provider that
such conduct was not performed for a valid medical purpose.
S 130.16 Sex offenses; corroboration.
A person shall not be convicted of consensual sodomy, or an attempt to
commit the same, or of any offense defined in this article of which lack
of consent is an element but results solely from incapacity to consent
because of the victim`s mental defect, or mental incapacity, or an
attempt to commit the same, solely on the testimony of the victim,
unsupported by other evidence tending to:
(a) Establish that an attempt was made to engage the victim in sexual
intercourse, deviate sexual intercourse, or sexual contact, as the case
may be, at the time of the occurrence; and
(b) Connect the defendant with the commission of the offense or
attempted offense.
S 130.20 Sexual misconduct.
A person is guilty of sexual misconduct when:
1. He or she engages in sexual intercourse with another person without
such person`s consent; or
2. He or she engages in deviate sexual intercourse with another person
without such person`s consent; or
3. He or she engages in sexual conduct with an animal or a dead human
body.
Sexual misconduct is a class A misdemeanor.
S 130.25 Rape in the third degree.
A 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; or
3. 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.
S 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 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.
S 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. 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.
S 130.40 Sodomy in the third degree.
A person is guilty of sodomy in the third degree when:
1. He or she engages in deviate sexual intercourse with a 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 deviate
sexual intercourse with a person less than seventeen years old; or
3. He or she engages in deviate 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.
Sodomy in the third degree is a class E felony.
S 130.45 Sodomy in the second degree.
A person is guilty of sodomy in the second degree when:
1. being eighteen years old or more, he or she engages in deviate
sexual intercourse with another person less than fifteen years old; or
2. he or she engages in deviate 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 sodomy 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.
Sodomy in the second degree is a class D felony.
S 130.50 Sodomy in the first degree.
A person is guilty of sodomy in the first degree when he or she
engages in deviate sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Sodomy in the first degree is a class B felony.
S 130.52 Forcible touching.
A person is guilty of forcible touching when such person
intentionally, and for no legitimate purpose, forcibly touches the
sexual or other intimate parts of another person:
1. for the purpose of degrading or abusing such person; or
2. for the purpose of gratifying the actor`s sexual desire.
For the purposes of this section, forcible touching includes the
squeezing, grabbing or pinching of such other person`s sexual or other
intimate parts.
Forcible touching is a class A misdemeanor.
S 130.53 Persistent sexual abuse.
A person is guilty of persistent sexual abuse when he or she stands
convicted of sexual abuse in the third degree, as defined in section
130.55 of this article, or sexual abuse in the second degree, as defined
in section 130.60 of this article, and, within the previous ten year
period, has been convicted two or more times, in separate criminal
transactions for which sentence was imposed on separate occasions, of
sexual abuse in the third degree as defined in section 130.55 of this
article, or sexual abuse in the second degree, as defined in section
130.60 of this article.
Persistent sexual abuse is a class E felony.
S 130.55 Sexual abuse in the third degree.
A person is guilty of sexual abuse in the third degree when he or she
subjects another person to sexual contact without the latter`s consent;
except that in any prosecution under this section, it is an affirmative
defense that (a) such other person`s lack of consent was due solely to
incapacity to consent by reason of being less than seventeen years old,
and (b) such other person was more than fourteen years old, and (c) the
defendant was less than five years older than such other person.
Sexual abuse in the third degree is a class B misdemeanor.
S 130.60 Sexual abuse in the second degree.
A person is guilty of sexual abuse in the second degree when he or she
subjects another person to sexual contact and when such other person is:
1. Incapable of consent by reason of some factor other than being less
than seventeen years old; or
2. Less than fourteen years old.
Sexual abuse in the second degree is a class A misdemeanor.
S 130.65 Sexual abuse in the first degree.
A person is guilty of sexual abuse in the first degree when he or she
subjects another person to sexual contact:
1. By forcible compulsion; or
2. When the other person is incapable of consent by reason of being
physically helpless; or
3. When the other person is less than eleven years old.
Sexual abuse in the first degree is a class D felony.
S 130.65-a Aggravated sexual abuse in the fourth degree.
1. A person is guilty of aggravated sexual abuse in the fourth degree
when:
(a) He or she inserts a foreign object in the vagina, urethra, penis
or rectum of another person and the other person is incapable of consent
by reason of some factor other than being less than seventeen years old;
or
(b) He or she inserts a finger in the vagina, urethra, penis or rectum
of another person causing physical injury to such person and such person
is incapable of consent by reason of some factor other than being less
than seventeen years old.
2. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
Aggravated sexual abuse in the fourth degree is a class E felony.
S 130.66 Aggravated sexual abuse in the third degree.
1. A person is guilty of aggravated sexual abuse in the third degree
when he inserts a foreign object in the vagina, urethra, penis or rectum
of another person:
(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being
physically helpless; or
(c) When the other person is less than eleven years old.
2. A person is guilty of aggravated sexual abuse in the third degree
when he or she inserts a foreign object in the vagina, urethra, penis or
rectum of another person causing physical injury to such person and such
person is incapable of consent by reason of being mentally disabled or
mentally incapacitated.
3. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
Aggravated sexual abuse in the third degree is a class D felony.
S 130.67 Aggravated sexual abuse in the second degree.
1. A person is guilty of aggravated sexual abuse in the second degree
when he inserts a finger in the vagina, urethra, penis, or rectum of
another person causing physical injury to such person:
(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being
physically helpless; or
(c) When the other person is less than eleven years old.
2. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
Aggravated sexual abuse in the second degree is a class C felony.
S 130.70 Aggravated sexual abuse in the first degree.
1. A person is guilty of aggravated sexual abuse in the first degree
when he inserts a foreign object in the vagina, urethra, penis or rectum
of another person causing physical injury to such person:
(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being
physically helpless; or
(c) When the other person is less than eleven years old.
2. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
Aggravated sexual abuse in the first degree is a class B felony.
S 130.75 Course of sexual conduct against a child in the first degree.
1. A person is guilty of course of sexual conduct against a child in
the first degree when, over a period of time not less than three months
in duration:
(a) he or she engages in two or more acts of sexual conduct, which
includes at least one act of sexual intercourse, deviate sexual
intercourse or aggravated sexual contact, with a child less than eleven
years old; or
(b) he or she, being eighteen years old or more, engages in two or
more acts of sexual conduct, which includes at least one act of sexual
intercourse, deviate sexual intercourse or aggravated sexual contact,
with a child less than thirteen years old.
2. A person may not be subsequently prosecuted for any other sexual
offense involving the same victim unless the other charged offense
occurred outside the time period charged under this section.
Course of sexual conduct against a child in the first degree is a class B felony.
S 130.80 Course of sexual conduct against a child in the second degree.
1. A person is guilty of course of sexual conduct against a child in
the second degree when, over a period of time not less than three months
in duration:
(a) he or she engages in two or more acts of sexual conduct with a
child less than eleven years old; or
(b) he or she, being eighteen years old or more, engages in two or
more acts of sexual conduct with a child less than thirteen years old.
2. A person may not be subsequently prosecuted for any other sexual
offense involving the same victim unless the other charged offense
occurred outside the time period charged under this section.
Course of sexual conduct against a child in the second degree is a class D felony.
S 130.85 Female genital mutilation.
1. A person is guilty of female genital mutilation when:
(a) a person knowingly circumcises, excises, or infibulates the whole
or any part of the labia majora or labia minora or clitoris of another
person who has not reached eighteen years of age; or
(b) being a parent, guardian or other person legally responsible and
charged with the care or custody of a child less than eighteen years
old, he or she knowingly consents to the circumcision, excision or
infibulation of whole or part of such child`s labia majora or labia
minora or clitoris.
2. Such circumcision, excision, or infibulation is not a violation of
this section if such act is:
(a) necessary to the health of the person on whom it is performed, and
is performed by a person licensed in the place of its performance as a
medical practitioner; or
(b) performed on a person in labor or who has just given birth and is
performed for medical purposes connected with that labor or birth by a
person licensed in the place it is performed as a medical practitioner,
midwife, or person in training to become such a practitioner or midwife.
3. For the purposes of paragraph (a) of subdivision two of this
section, no account shall be taken of the effect on the person on whom
such procedure is to be performed of any belief on the part of that or
any other person that such procedure is required as a matter of custom
or ritual.
Female genital mutilation is a class E felony.
S 130.90 Facilitating a sex offense with a controlled substance.
A person is guilty of facilitating a sex offense with a controlled
substance when he or she:
1. knowingly and unlawfully possesses a controlled substance and
administers such substance to another person without such person`s
consent and with intent to commit against such person conduct
constituting a felony defined in this article; and
2. commits or attempts to commit such conduct.
Facilitating a sex offense with a controlled substance is a class D felony.
Penal Law Articles
1 | 05 | 10 | 15 | 20 |
25 | 30 | 35 |
40 | 55 | 60 | 65 | 70 | 80 | 100 | 105 | 110 | 115 | 120
| 125
130 |
135 | 140 | 145 |
150 |
155 | 156 | 158 | 160 | 165 | 170 | 175 | 176 | 178 | 180
| 185 | 190
195 |
200 |
205 | 210 | 215 | 220 | 221 | 225 | 230 | 235
| 240 | 241 | 245 | 250
| 255 | 260 | 263
265 |
270 | 275 | 400 | 405 | 410 | 415 | 420 | 450 | 460 | 470 | 480 | 485 | 490 | 500