New York Penal Law Section 130.35 - Rape in the first degree.

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: February 3, 2019