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The Laws of New York
Consolidated Laws of New York
CHAPTER 40
Penal
PART 3
Specific Offenses
TITLE H
Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation
ARTICLE 130
Sex Offenses
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SECTION 130.30
Rape in the second degree
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ARTICLE 130
Sex Offenses
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SECTION 130.40
Criminal sexual act in the third degree
This entry was published on 2014-09-22
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SECTION 130.35
Rape in the first degree
Penal (PEN) CHAPTER 40, PART 3, TITLE H, ARTICLE 130
§ 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.