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New York Penal - Article 130 - § 130.45 Criminal Sexual Act in the Second Degree

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Penal 
 
  § 130.45 Criminal sexual act in the second degree.
    A person is guilty of criminal sexual act in the second degree when:
    1.  being eighteen years old or more, he or she engages in oral sexual
  conduct or anal sexual conduct with another  person  less  than  fifteen
  years old; or
    2.  he  or  she  engages in oral sexual conduct or anal sexual conduct
  with another person who is incapable  of  consent  by  reason  of  being
  mentally disabled or mentally incapacitated.
    It shall be an affirmative defense to the crime of criminal sexual act
  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.
    Criminal sexual act in the second degree is a class D felony.
Section:  Previous  130.10  130.16  130.20  130.25  130.30  130.35  130.40  130.45  130.50  130.52  130.53  130.55  130.60  130.65  130.65-A  Next

Last modified: February 16, 2014