N.Y. Penal Law § 130.16

Current through 2024 NY Law Chapter 456

Section 130.16 - Sex offenses; corroboration

A person shall not be convicted of any offense defined in this article of which lack of consent is an element but results solely from incapacity to consent because of the victim's mental defect, or mental incapacity, or an attempt to commit the same, solely on the testimony of the victim, unsupported by other evidence tending to:

(a) Establish that an attempt was made to engage the victim in vaginal sexual contact, oral sexual contact, anal sexual contact, or sexual contact, as the case may be, at the time of the occurrence; and

(b) Connect the defendant with the commission of the offense or attempted offense.

N.Y. Penal Law § 130.16

Amended by New York Laws 2024, ch. 23,Sec. 45, eff. 1/30/2024.

Amended by New York Laws 2023, ch. 777,Sec. 50, eff. 9/1/2024, op. to any offense committed on or after 9/1/2024.