130.35 - Rape in the First Degree. | Article 130 - (130.00 - 130.96) SEX OFFENSES | Title H - OFFENSES AGAINST THE PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT, RESTRAINT AND INTIMIDATION | Part 3 - SPECIFIC OFFENSES | PEN - Penal | 2015 New York Laws

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.

Last modified: April 14, 2016