New York Penal - Article 130 - § 130.30 Rape in the Second Degree
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New York Laws > New York Penal (PEN) > New York Penal - Article 130 - § 130.30 Rape in the Second Degree
§ 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
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.
Section: Article 130 130.00 130.05 130.10 130.16 130.20 130.25 130.30 130.35 130.40 130.45 130.50 130.52 130.53 130.55
Last modified: February 17, 2012