Section 130.35 - Rape in the first degreeA 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; or3. 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.
Amended by New York Laws 2024, ch. 23,Sec. 45, eff. 1/30/2024.Amended by New York Laws 2023, ch. 777,Sec. 5, eff. 9/1/2024, op. to any offense committed on or after 9/1/2024.