1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title H: Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation
  6. Article 130: Sex Offenses


Section 130.35 Rape in the first degree

Penal (PEN)

  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.