Age of Consent in New York: On Statutory Rape and its Punishments

Published Aug 15, 2021

In New York, it is illegal for an adult (18 years or older) to have sexual relations with a minor (17 years or younger), even if the relations are consensual. Those who plan to violate the law are guilty of statutory rape. 

Statutory rape laws are predicated on the belief that minors are incapable of consenting to sexual activity in an informed manner. Their incapacity is enshrined in the statute, so the phrase “statutory” rape is used. The age of consent in New York may be different from other states, and some states distinguish between consenting sex between minors of a similar range of age (for example, two teenagers of the same age) and sex between a minor and a significantly older adult. 

While statutory rape does not require proof of an assault, it is nevertheless rape. So, naturally, rape involving force or an assault is illegal in New York and is charged as forcible rape. Sexual assaults may also be prosecuted under the state’s assault and battery laws, as well as the child enticement and abuse laws.

New York’s Statutory Rape and its Punishments

Statutory rape is a criminal offense punishable under New York’s rape and sexual abuse laws. Punishments vary according to the defendant’s and victim’s ages and the nature of the offense, as mentioned below.

Legal Guidance

This article provides an outline of the law governing statutory rape. Consult an experienced criminal defense attorney if you are unsure of the legality of any type of action. Take note that the legislation is complicated and constantly changing, so you’ll definitely need some guidance.

Rape: First Degree

Rape in the first degree includes sexual intercourse (penetration, however little) between a minor under the age of 11 and any defendant or between a minor under the age of 13 and an adult. This is a Class B felony that carries a mandatory minimum sentence of 5 and a maximum of 25 years in prison. (See New York Penal Law 130.35 (2018).)

Rape: Second Degree

Sexual intercourse between a defendant at least 18 years old and a minor under 15 is considered second-degree rape unless the offender is less than 4 years older than the minor. This is a Class D felony, and a conviction carries a maximum sentence of 7 years in jail. (See New York Penal Law 130.30 (2018).)

Rape: Third Degree

Rape in the third degree is defined as sexual intercourse between a minor under 17 and a defendant at least 21 years old. This is a Class E felony that carries a maximum sentence of 4 years in jail. (See New York Penal Law Section 130.25 (2018).)

Criminal Sexual Act: First Degree

A first-degree criminal sexual act is defined as oral or anal sexual contact between a minor under 11 years and a defendant of any age or between a minor under 13 years and a defendant who is at least 18 years old. This is a Class B felony, and a conviction carries a minimum term of 5 and a maximum of 25 years in jail. (See New York Penal Law 130.50 (2018).)

Criminal Sexual Act: Second Degree

A criminal sexual act in the second degree is a Class D felony that encompasses oral or anal sexual contact between an adult defendant and a minor under 15 unless the offender is less than 4 years older than the victim. Up to 7 years in prison are possible penalties. (See New York Penal Law 130.45 (2018).)

Criminal Sexual Act: Third Degree

Anal or oral sexual contact between a minor under the age of 17 and a defendant above the age of 21 constitutes a third-degree criminal sexual act. This is a Class E felony that carries a maximum sentence of 4 years in prison upon conviction. (See New York Penal Law 130.40 (2018).)

Sexual Abuse: First Degree

Sexual contact (sexual touching – even over clothing – in a sexually gratifying manner) between a minor under the age of 11 and a defendant of any age, or between a minor under the age of 13 and a defendant who is at least 21 years old is considered first-degree sexual abuse. This is a Class D felony that carries a maximum sentence of 7 years in jail. (See New York Penal Law 130.65 (2018).)

Sexual Abuse: Second Degree

Sexual contact between a minor under the age of 14 and a defendant of any age is second-degree sexual abuse. This is a Class A misdemeanor, and a conviction carries a maximum punishment of 1 year in prison. (See New York Penal Law 130.60 (2018).)

Sexual Abuse: Third Degree

Sexual contact between a minor (15 or 16 years old) and a defendant at least 5 years older than the victim constitutes third-degree sexual abuse. This is a Class B misdemeanor that carries a maximum sentence of 3 months in jail. (See New York Penal Law 130.55 (2018).)