N.Y. Penal Law Section 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. * 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

Source: Section 130.35 — Rape in the first degree, https://www.­nysenate.­gov/legislation/laws/PEN/130.­35 (updated Feb. 2, 2024; accessed Mar. 23, 2024).

Accessed:
Mar. 23, 2024

Last modified:
Feb. 2, 2024

§ 130.35’s source at nysenate​.gov

Link Style