New York statute
N.Y. Penal Law § 130.30 — Rape in the second degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 130: Sex Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 130.30
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
130.30 Rape in the second degree.
A person is guilty of rape in the second degree when:
1. being eighteen years old or more, he or she engages in vaginal
sexual contact with another person less than fifteen years old;
2. being eighteen years old or more, he or she engages in oral sexual
contact with another person less than fifteen years old;
3. being eighteen years old or more, he or she engages in anal sexual
contact with another person less than fifteen years old;
4. he or she engages in vaginal sexual contact with another person who
is incapable of consent by reason of being mentally disabled or mentally
incapacitated;
5. he or she engages in oral sexual contact with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated; or
6. he or she engages in anal sexual contact 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 subdivisions one, two and three 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.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.