New York - Age of Consent

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THE EMAIL WE RECEIVED:  Added March, 2002:

New York State law has recently changed. This does not effect the minimum requirement of 17, but does make some changes..
http://assembly.state.ny.us/cgi-bin/claws?law=82&art=29

2nd degree is now over 18 & under 15.
The below is also included in the second second. I'm assuming that what this says is similar to what used to be in section 1 about under 17 & over 21, or more than 4 years (15-20, etc). I'm not a lawyer, but this is what I can make from this.
1st degree is now under 11, or under 13 & over 18. You can confirm all of this from the law which is direct from NY State.
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.


S 130.55 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.

S 130.40 Sodomy in the third degree.
A person is guilty of sodomy in the third degree when:   1. He or she engages in deviate sexual intercourse 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 deviate sexual intercourse with a person less than seventeen years old; or 3. He or she engages in deviate 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. Sodomy in the third degree is a class E felony.

S 130.25 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 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 sexual intercourse with another person less than seventeen years old; 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.

Source:  New York Consolidated Laws, (http://assembly.state.ny.us/leg/?cl=82&a=29) updated as of (As of 3/1/2002)

 

 

 

 

Added Feb, 2001:

I was just curious if for future reference you would update your NY State Age of Consent Page to include information reguarding Sexual Misconduct. That information can be found at this URL .. the reason I ask is because I missunderstood the law the way it was presented on this page. I thought that as long as the female was over the age of 14 and the male was under 21 that a sexual relation between the two was legal. I was proved very wrong and am currently in an ongoing investigation into Sexual Misconduct .. a Class A Misdemeanor. For future reference for other like minded individuals, It would be nice to have this extra added information for clarification.

It is N.Y. Penal Law 130.20 (McKinney 1998) "A person is guilty of sexual misconduct, a class A misdemeanor, when being a male, he engages in sexual intercourse with a female without her consent; or he engages in deviate sexual intercourse with another person without the latter's consent."

[EDITOR'S NOTE:  Age of Consent deals with sexual activity WITH consent.  The above provided reference is "without consent"]

 

Legal Definitions of Sexual Assault

 

According to New York State statutes, sexual assault is defined in various degrees.
However, the basic summary is as follows:

Rape is the perpetuation of an act of sexual intercourse with a person against her will and consent, whether her will is overcome by force or fear resulting from the threat of force, or by drugs administered without consent or when, because of mental deficiency she is incapable of giving consent or when she is below the arbitrary age of consent.

In other words, the term "rape" is used when penetration is involved, even slight penetration, and even if no ejaculation occurs. Also note that the threat of force is sufficient - many women report fearing for their lives even when their attacker is not carrying a weapon.

New York State law does recognize that a married woman can be raped by her husband.
Marriage does not necessarily imply consent.

Rape in the first degree is defined as above, and the age of consent is eleven (11).

Rape in the second degree is not defined by consent. Rather, when one person is over 18 and the other is less than 14 years of age, the State defined any sexual intercourse between them as rape.

Rape in the third degree is similarly defined. Here, one person is over 21 and the other is less than 17 years of age.    (Age of consent therefore is 17)

Sexual Abuse is also defined in three degrees, according to the same system as rape. However, the difference is that penetration is not required. Rather, all that is required is "sexual contact" - touching of intimate or sexual parts, either directly or through clothing.

Therefore, sexual abuse in the first degree is roughly defined as sexual contact by force or threat of force, or when the individual is incapable of consenting due to mental deficiency, or when the individual is below age 11.

Sodomy is the third major term, and is also defined in three degrees. This term is used when the assault involves penetration to areas other than the vagina (e.g. rectum).

Sexual assault of any kind is a felony.

 

We found this press release in the "anals" of New York legislation.

FOR IMMEDIATE RELEASE:
Wednesday, May 15, 1996

Doyle Unveils Outdoor Advertising for Not Me, Not Now
Monroe County Executive Jack Doyle today launched the first phase in a comprehensive County campaign to stem one of the biggest causes of teen pregnancy - adult men who prey on teenage girls.

Doyle, in a news conference in front of a billboard on Lexington Avenue, unveiled the next phase of the County's "Not Me, Not Now" campaign - a billboard campaign aimed at raising awareness about statutory rape and changing attitudes about relationships between adult men and teenage girls.

"Two-thirds of births to teenage girls have been fathered by older men," said Doyle. "We hope these billboards come as a wake-up call to those older men. We will no longer sit back and wait for the welfare bills to roll in. We're going to be proactive, we're going to educate the community about the costly crisis and we're going to make those accountable. Statutory rape is a crime, and it is a crime that must be punished."

In New York, sex between men 21 or over and girls under the age of 17 is third degree rape, punishable by a sentence of up to 1 1/3 to 4 years in prison.

Doyle also announced that the County's Department of Social Services will begin referring cases to the District Attorney from information gleaned when pregnant and parenting teens apply for welfare benefits.

"At the same time that we're educating the community, we need to take a hard stand within the criminal justice system," Doyle said. "Sex with girls under 17 is rape. It is a felony and it must be dealt with appropriately. Offenders must be punished."

There were nearly 1,000 births to teenage mothers in Monroe County last year. If national statistics hold true, that means that as many as 600 children were fathered by adult men and teen girls last year alone. In Monroe County last year, there were three indictments for Third Degree Rape.

"There is clearly a great deal of room for improvement," Doyle said.

The Not Me, Not Now campaign has primarily targeted kids aged 9-14, educating them on the consequences of engaging in early sexual activity. As part of the Not Me, Not Now campaign, the County is currently airing radio commercials encouraging teens to resist the urges of peer pressure and talk to their parents about sex. There is also a guide designed to give parents straight-forward, practical advice on how to talk to their kids about personal issues, such as sex. Not Me, Not Now's in-school curriculum, Postponing Sexual Involvement, has trained high school kids to be peer leaders in a program where they work with kids in grades 5 through 8 about the consequences of early sexual activity and resisting peer pressures. The Not Me, Not Now program is funded by Monroe County and the United Way of Greater Rochester.

###
For more information, call (716) 428-2380


 

Sec. 130.05 Sex offenses; lack of consent.

1. Whether or not specifically stated, it is an element of every offense defined in this article, except the offense of consensual sodomy, that the sexual act was committed without consent of the victim.

2. Lack of consent results from:

(a) Forcible compulsion; or

(b) Incapacity to consent; or

(c) Where the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

3. A person is deemed incapable of consent when he or she is:

(a) less than seventeen years old; or

(b) mentally defective; or

(c) mentally incapacitated; or

(d) physically helpless; or

(e) committed to the care and custody of the state department of correctional services or a hospital, as such term is defined in subdivision two of section four hundred of the correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital. For purposes of this paragraph, "employee" means (i) an employee of the state department of correctional services who performs professional duties in a state correctional facility consisting of providing custody, medical or mental health services, counseling services, educational programs, or vocational training for inmates; (ii) an employee of the division of parole who performs professional duties in a state correctional facility and who provides institutional parole services pursuant to section two hundred fifty-nine-e of the executive law; or (iii) an employee of the office of mental health who performs professional duties in a state correctional facility or hospital, as such term is defined in subdivision two of section four hundred of the correction law, consisting of providing custody, or medical or mental health services for such inmates; or (f) committed to the care and custody of a local correctional facility, as such term is defined in subdivision two of section forty of the correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such facility. For purposes of this paragraph, "employee" means an employee of the local correctional facility where the person is committed who performs professional duties consisting of providing custody, medical or mental health services, counseling services, educational services, or vocational training for inmates. .

 

Sec. 130.40 Sodomy in the third degree.

A person is guilty of sodomy in the third degree when:

1. He engages in deviate sexual intercourse with a person

who is incapable of consent by reason of some factor other than

being less than seventeen years old; or

2. Being twenty-one years old or more, he engages in deviate

sexual intercourse with a person less than seventeen years old.

Sodomy in the third degree is a class E felony.

.

Sexual Assault Reform Act Signed into Law.  Consensual Sodomy Statute Repealed.
http://www.prideagenda.org/pressreleases/pr-10-19-00.html

 

 

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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