NYC Rape Laws (Ch. 40, Pt. 3, Title H, Article 130)
Rape in the 3rd Degree
A person is guilty of rape in the 3rd degree when:
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Perpetrator engages in vaginal, oral, or anal sexual contact with another person incapable of consent for some reason other than being younger than 17 (meaning the victim was unconscious or verbally impaired)
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Perpetrator is older than 21 and engages in vaginal, oral, or anal sexual contact with a person younger than 17
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Perpetrator engages in vaginal, oral, or anal sexual contact with another person without consent not to due inability to give consent (meaning the victim did not give consent)
Rape in the 3rd degree is a class E felony
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In a class E felony, the sentence is given by the court, but cannot be more than 4 years
Rape in the 2nd Degree
A person is guilty of rape in the 2nd degree when:
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Perpetrator is older than 18 and engages in vaginal, oral, or anal sexual contact with a person younger than 15. However, if the perpetrator is less than 4 years older than victim at the time of the act, it would not be considered rape in 2nd degree
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Perpetrator engages in vaginal, oral, or anal sexual contact with another person incapable of consent due to being mentally disabled or incapacitated (meaning the victim has a mental disorder that prevents them from giving consent or is drunk/high)
Rape in the 2nd degree is a class D felony
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In a class E felony, the sentence is given by the court, but cannot be more than 7 years
Rape in the 1st Degree
A person is guilty of rape in the 1st degree when:
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Perpetrator engages in vaginal, oral, or anal sexual contact with another person by physical force
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Perpetrator engages in vaginal, oral, or anal sexual contact with another person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act
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Perpetrator engages in vaginal, oral, or anal sexual contact with another person who is younger than 11 years old
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Perpetrator engages in vaginal, oral, or anal sexual contact with another person who is younger than 13, while the perpetrator is older than 18
Rape in the 2nd degree is a class B felony
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In a class E felony, the sentence is given by the court, but cannot be more than 25 years
If you have been a victim of any of these crimes, visit our page
NYC Sexual Abuse Laws (Ch. 40, Pt. 3, Title H, Article 130)
Sexual abuse in the 3rd Degree
A person is guilty of sexual abuse in the 3rd degree when:
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The perpetrator subjects another person to nonconsensual sexual contact. Sexual contact is defined as touching of any intimate parts of any person's body. It is not considered sexual abuse if the victim could not give consent because they were younger than 17, but older than 14, and the perpetrator was less than 5 years older than the victim.
Sexual abuse in the 3rd degree is a class B misdemeanor
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A misdemeanor is the lowest level of crime and the maximum sentence of someone convicted of a class B misdemeanor is 3 months in jail
Sexual abuse in the 2nd Degree
A person is guilty of sexual abuse in the 2nd degree when:
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The perpetrator subjects another person to nonconsensual sexual contact when the victim is older than 17 and cannot consent.
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The perpetrator subjects another person to nonconsensual sexual contact when the victim is younger than 14.
Sexual abuse in the 2nd degree is a class A misdemeanor
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A misdemeanor is the lowest level of crime and the maximum sentence of someone convicted of a class A misdemeanor is 1 year in jail
Sexual abuse in the 1st Degree
A person is guilty of sexual abuse in the 1st degree when:
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The perpetrator subjects another person to nonconsensual sexual contact when the victim is unable to give consent because they are physically helpless (meaning the victim is unconscious or physically unable to communicate willingness to an act)
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The perpetrator subjects another person to nonconsensual sexual contact when the victim is younger than 14.
Sexual abuse in the 1st degree is a class D felony
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In a class D felony, the sentence is given by the court, but cannot exceed seven years
If you have been a victim of any of these crimes, visit our page
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47.0% of the victims included in the data were females under the age of 24
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Sex crimes and rapes are more often reported/carried out late at in the late evening and night, with a large spike in reported sex crimes at midnight
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36% of victims of all reported sex crimes were under the age of 18