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New York Definitions
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Definitions
§ 130.20. [.] [n1]Sexual misconductA person is guilty of sexual misconduct when:
1. [fig 1] He or she engages in sexual intercourse with [fig 2] another person without [fig 3] such person's consent; or
2. He or she engages in [fig 1] oral sexual conduct or anal sexual conduct with another person without such person's consent; or
3. He or she engages in sexual conduct with an animal or a dead human body.
Sexual misconduct is a class A misdemeanor.
§ 130.25. [.] [n1]Rape in the third degree
A person is guilty of rape in the third degree when:
1. He or she engages in sexual intercourse with another person [fig 1] who is incapable of consent by reason of some factor other than being less than seventeen years old; [fig 2]
2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person [fig 1] less than seventeen years old [fig 2] ; or
3. He or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
Rape in the third degree is a class E felony.
§ 130.30. [.] [n1]Rape in the second degree
A person is guilty of rape in the second degree when [fig 1] :
1. being eighteen years old or more, he or she engages in sexual intercourse with another person [fig 1] less than [fig 2] fifteen years old [fig 3] ; 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 incapacitated.
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.
§ 130.40. [.] [n1]Criminal sexual act [fig 1] in the third degree
A person is guilty of [fig 1] criminal sexual act in the third degree when:
1. He or she engages in [fig 1] oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in [fig 1] oral sexual conduct or anal sexual conduct with a person less than seventeen years old; or
3. He or she engages in [fig 1] oral sexual conduct or anal sexual conduct with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
Criminal sexual act in the third degree is a class E felony.
§ 130.45. [.] [n1]Criminal sexual act [fig 1] in the second degree
A person is guilty of [fig 1] criminal sexual act in the second degree when:
1. being eighteen years old or more, he or she engages in [fig 1] oral sexual conduct or anal sexual conduct with another person less than fifteen years old; or
2. he or she engages in [fig 1] 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 [fig 1] 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.
[fig 1] Criminal sexual act in the second degree is a class D felony.
§ 130.50. [.] [n1]Criminal sexual act [fig 1] in the first degree [n2]
A person is guilty of [fig 1] criminal sexual act in the first degree when he or she engages in [fig 2] oral sexual conduct or anal sexual conduct 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.
[fig 1] Criminal sexual act in the first degree is a class B felony.
§ 130.35. [.] [n1]Rape in the first degree [n2]
A [fig 1] person is guilty of rape in the first degree when he or she engages in sexual intercourse with [fig 2] 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 [fig 1] ; 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.
§ 130.52. [.] [n1]Forcible touching
A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person [fig 1] for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor's sexual desire.
For the purposes of this section, forcible touching includes [fig 1] squeezing, grabbing or pinching [fig 2] .
Forcible touching is a class A misdemeanor.
§ 130.53. [.] [n1]Persistent sexual abuse
A person is guilty of persistent sexual abuse when he or she [fig 1] commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and, within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, [fig 2] sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.
Persistent sexual abuse is a class E felony.
§ 130.55. [.] [n1]Sexual abuse in the third degree
A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person's lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person.
Sexual abuse in the third degree is a class B misdemeanor.
§ 130.60. Sexual abuse in the second degree
A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is:
1. Incapable of consent by reason of some factor other than being less than seventeen years old; or
2. Less than fourteen years old.
Sexual abuse in the second degree is a class A misdemeanor.
§ 130.65. Sexual abuse in the first degree
A person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact:
1. By forcible compulsion; or
2. When the other person is incapable of consent by reason of being physically helpless; or
3. When the other person is less than eleven years old.
Sexual abuse in the first degree is a class D felony.
§ 130.66. Aggravated sexual abuse in the third degree
1. A person is guilty of aggravated sexual abuse in the third degree when he inserts a foreign object in the vagina, urethra, penis or rectum of another person:
(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being physically helpless; or
(c) When the other person is less than eleven years old.
2. A person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.
3. Conduct performed for a valid medical purpose does not violate the provisions of this section.
Aggravated sexual abuse in the third degree is a class D felony
§ 130.67. Aggravated sexual abuse in the second degree
1. A person is guilty of aggravated sexual abuse in the second degree when he inserts a finger in the vagina, urethra, penis, or rectum of another person causing physical injury to such person:
(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being physically helpless; or
(c) When the other person is less than eleven years old.
2. Conduct performed for a valid medical purpose does not violate the provisions of this section.
Aggravated sexual abuse in the second degree is a class C felony.
§ 130.65-a. [.] [n1]Aggravated sexual abuse in the fourth degree
1. A person is guilty of aggravated sexual abuse in the fourth degree when:
(a) He or she inserts a foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than seventeen years old; or
(b) He or she inserts a finger in the vagina, urethra, penis or rectum of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than seventeen years old.
2. Conduct performed for a valid medical purpose does not violate the provisions of this section.
Aggravated sexual abuse in the fourth degree is a class E felony.
§ 130.70. Aggravated sexual abuse in the first degree
1. A person is guilty of aggravated sexual abuse in the first degree when he inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person:
(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being physically helpless; or
(c) When the other person is less than eleven years old.
2. Conduct performed for a valid medical purpose does not violate the provisions of this section.
Aggravated sexual abuse in the first degree is a class B felony.
§ 130.75. [.] [n1]Course of sexual conduct against a child in the first degree
1. A person is guilty of course of sexual conduct against a child in the first degree when, over a period of time not less than three months in duration [fig 1] :
(a) he or she engages in two or more acts of sexual conduct, which includes at least one act of sexual intercourse, [fig 1] oral sexual conduct, anal sexual conduct or aggravated sexual contact, with a child less than eleven years old; or
(b) he or she, being eighteen years old or more, engages in two or more acts of sexual conduct, which [fig 1] include at least one act of sexual intercourse, [fig 2] oral sexual conduct, anal sexual conduct or aggravated sexual contact, with a child less than thirteen years old.
2. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.
Course of sexual conduct against a child in the first degree is a class B felony.
§ 130.80. [.] [n1]Course of sexual conduct against a child in the second degree
1. A person is guilty of course of sexual conduct against a child in the second degree when, over a period of time not less than three months in duration [fig 1] :
(a) he or she engages in two or more acts of sexual conduct with a child less than eleven years old [fig 1] ; or
(b) he or she, being eighteen years old or more, engages in two or more acts of sexual conduct with a child less than thirteen years old.
2. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.
Course of sexual conduct against a child in the second degree is a class D felony.
§ 130.90. [.] [n1]Facilitating a sex offense with a controlled substance
A person is guilty of facilitating a sex offense with a controlled substance when he or she:
1. knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person's consent and with intent to commit against such person conduct constituting a felony defined in this article; and
2. commits or attempts to commit such conduct constituting a felony defined in this article.
Facilitating a sex offense with a controlled substance is a class D felony.
§ 135.05. Unlawful imprisonment in the second degree
A person is guilty of unlawful imprisonment in the second degree when he restrains another person.
Unlawful imprisonment in the second degree is a class A misdemeanor.
§ 135.10. Unlawful imprisonment in the first degree
A person is guilty of unlawful imprisonment in the first degree when he restrains another person under circumstances which expose the latter to a risk of serious physical injury.
Unlawful imprisonment in the first degree is a class E felony.
§ 135.20. Kidnapping in the second degree
A person is guilty of kidnapping in the second degree when he abducts another person.
Kidnapping in the second degree is a class B felony
§ 135.25. Kidnapping in the first degree
A person is guilty of kidnapping in the first degree when he abducts another person and when:
1. His intent is to compel a third person to pay or deliver money or property as ransom, or to engage in other particular conduct, or to refrain from engaging in particular conduct; or
2. He restrains the person abducted for a period of more than twelve hours with intent to:
(a) Inflict physical injury upon him or violate or abuse him sexually; or
(b) Accomplish or advance the commission of a felony; or
(c) Terrorize him or a third person; or
(d) Interfere with the performance of a governmental or political function; or
3. The person abducted dies during the abduction or before he is able to return or to be returned to safety. Such death shall be presumed, in a case where such person was less than sixteen years old or an incompetent person at the time of the abduction, from evidence that his parents, guardians or other lawful custodians did not see or hear from him following the termination of the abduction and prior to trial and received no reliable information during such period persuasively indicating that he was alive. In all other cases, such death shall be presumed from evidence that a person whom the person abducted would have been extremely likely to visit or communicate with during the specified period were he alive and free to do so did not see or hear from him during such period and received no reliable information during such period persuasively indicating that he was alive.
Kidnapping in the first degree is a class A-I felony.
§ 230.05. Patronizing a prostitute in the second degree
A person is guilty of patronizing a prostitute in the second degree when, being over eighteen years of age, he patronizes a prostitute and the person patronized is less than fourteen years of age.
Patronizing a prostitute in the second degree is a class E felony.
§ 230.06. Patronizing a prostitute in the first degree
A person is guilty of patronizing a prostitute in the first degree when he patronizes a prostitute and the person patronized is less than eleven years of age.
Patronizing a prostitute in the first degree is a class D felony.
§ 230.30. Promoting prostitution in the second degree
A person is guilty of promoting prostitution in the second degree when he knowingly:
1. Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from such coercive conduct by another; or
2. Advances or profits from prostitution of a person less than sixteen years old.
Promoting prostitution in the second degree is a class C felony.
§ 230.32. Promoting prostitution in the first degree
A person is guilty of promoting prostitution in the first degree when he knowingly advances or profits from prostitution of a person less than eleven years old.
Promoting prostitution in the first degree is a class B felony.
§ 230.33. [.] [n1][Eff Nov 1, 2005] Compelling prostitution
A person is guilty of compelling prostitution when, being twenty-one years of age or older, he or she knowingly advances prostitution by compelling a person less than sixteen years old, by force or intimidation, to engage in prostitution.
Compelling prostitution is a class B felony.
§ 250.45. [.] [n1]Unlawful surveillance in the second degree
A person is guilty of unlawful surveillance in the second degree when:
1. For his or her own, or another person's amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent [fig 1] ; or
2. For his or her own, or another person's sexual arousal or sexual gratification, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent [fig 1] ; or
3. (a) For no legitimate purpose, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a motel, hotel or inn, without such person's knowledge or consent.
(b) For the purposes of this subdivision, when a person uses or installs, or permits the utilization or installation of an imaging device in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a hotel, motel or inn, there is a rebuttable presumption that such person did so for no legitimate purpose [fig 1] ; or
4. Without the knowledge or consent of a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record, under the clothing being worn by such person, the sexual or other intimate parts of such person.
Unlawful surveillance in the second degree is a class E felony.
§ 255.25. Incest
[Until Nov 1, 2006, § 255.25, reads as set out below:] A person is guilty of incest when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, either legitimately or out of wedlock, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.
Incest is a class E felony.
[Eff Nov 1, 2006, § 255.25, reads as set out below and its section heading reads as follows: "Incest in the third degree"] A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, [fig 1] whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.
Incest in the third degree is a class E felony.
§ 485.05. Hate crimes
1. A person commits a hate crime when he or she commits a specified offense and either
: (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, o
r (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.
2. Proof of race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of the defendant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the people's burden under paragraph (a) or (b) of subdivision one of this section
3. A "specified offense" is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endangerment in the second degree); section 120.25 (reckless endangerment in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 ( [fig 1] criminal sexual act in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdivision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); or any attempt or conspiracy to commit any of the foregoing offenses.
4. For purposes of this section:
(a) the term "age" means sixty years old or more;
(b) the term "disability" means a physical or mental impairment that substantially limits a major life activity.
