N.Y. Penal Law Section 130.35
Rape in the first degree

A person is guilty of rape in the first degree when:

1.

he or she engages in vaginal sexual contact with another person:

(a)

By forcible compulsion; or

(b)

Who is incapable of consent by reason of being physically helpless; or

(c)

Who is less than eleven years old; or

(d)

Who is less than thirteen years old and the actor is eighteen years old or more;

2.

he or she engages in oral sexual contact with another person:

(a)

By forcible compulsion; or

(b)

Who is incapable of consent by reason of being physically helpless; or

(c)

Who is less than eleven years old; or

(d)

Who is less than thirteen years old and the actor is eighteen years old or more; or

3.

he or she engages in anal sexual contact with another person:

(a)

By forcible compulsion; or

(b)

Who is incapable of consent by reason of being physically helpless; or

(c)

Who is less than eleven years old; or

(d)

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.

Source: Section 130.35 — Rape in the first degree, https://www.­nysenate.­gov/legislation/laws/PEN/130.­35 (updated Sep. 6, 2024; accessed Jul. 12, 2025).

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Jul. 12, 2025

Last modified:
Sep. 6, 2024

§ 130.35. Rape in the first degree's source at nysenate​.gov

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