N.Y. Penal Law 130.35 – Rape in the first degree
* § 130.35 Rape in the first degree.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 1 and 25 years | up to $30,000 |
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.
* NB Effective until September 1, 2024 * § 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.
* NB Effective September 1, 2024