New York Consolidated Laws, Penal Law - PEN § 130.35 Rape in the first degree

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:

1. By forcible compulsion;  or

2. Who is incapable of consent by reason of being physically helpless;  or

3. Who is less than eleven years old;  or

4. 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.


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