{"jurisdiction": "us-ny", "code": "penal", "section": "130.00", "citation": "Penal Law § 130.00", "heading": "Sex offenses; definitions of terms", "text": ["§ 130.00 Sex offenses; definitions of terms.", "The following definitions are applicable to this article:", "1. \"Vaginal sexual contact\" means conduct between persons consisting of contact between the penis and the vagina or vulva.", "2. (a) \"Oral sexual contact\" means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.", "(b) \"Anal sexual contact\" means conduct between persons consisting of contact between the penis and anus.", "3. \"Sexual contact\" means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.", "4. For the purposes of this article \"married\" means the existence of the relationship between the actor and the victim as spouses which is recognized by law at the time the actor commits an offense proscribed by this article against the victim.", "5. \"Mentally disabled\" means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct.", "6. \"Mentally incapacitated\" means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent.", "7. \"Physically helpless\" means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.", "8. \"Forcible compulsion\" means to compel by either:", "a. use of physical force; or", "b. a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped.", "9. \"Foreign object\" means any instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury.", "10. \"Sexual conduct\" means vaginal sexual contact, oral sexual contact, anal sexual contact, aggravated sexual contact, or sexual contact.", "11. \"Aggravated sexual contact\" means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child, thereby causing physical injury to such child.", "12. \"Health care provider\" means any person who is, or is required to be, licensed or registered or holds himself or herself out to be licensed or registered, or provides services as if he or she were licensed or registered in the profession of medicine, chiropractic, dentistry or podiatry under any of the following: article one hundred thirty-one, one hundred thirty-two, one hundred thirty-three, or one hundred forty-one of the education law.", "13. \"Mental health care provider\" shall mean a licensed physician, licensed psychologist, registered professional nurse, licensed clinical social worker, licensed master social worker under the supervision of a physician, psychologist or licensed clinical social worker, licensed mental health counselor or a licensed marriage and family therapist."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/130.00", "from_official_api": true, "plain_english": "Article 130 uses these meanings:\n- **(1)–(2)** **Vaginal sexual contact** is penis-to-vagina or vulva contact; **oral sexual contact** is mouth contact with the penis, anus, vulva or vagina; **anal sexual contact** is penis-to-anus contact.\n- **(3)** \"**Sexual contact**\" is any touching of a person's sexual or other intimate parts to gratify either party's sexual desire, including the victim touching the actor, touching **directly or through clothing**, and the actor's **emission of ejaculate** on the victim.\n- **(4)–(7)** \"**Married**\" means spouses recognized by law at the time of the offense. \"**Mentally disabled**\" means a mental disease or defect makes the person incapable of appraising the nature of his or her conduct; \"**mentally incapacitated**\" means **temporarily** incapable of appraising or controlling conduct because of a narcotic or intoxicant **given without consent** or another nonconsensual act; \"**physically helpless**\" means unconscious or otherwise physically unable to communicate unwillingness.\n- **(8)** \"**Forcible compulsion**\" means compelling by **physical force** or by a **threat, express or implied**, placing a person in fear of **immediate death or physical injury to that person or another**, or that the person or another will **immediately be kidnapped**. ★\n- **(9)–(11)** A \"**foreign object**\" is any instrument or article capable of causing physical injury when inserted in the vagina, urethra, penis, rectum or anus; \"**sexual conduct**\" means vaginal, oral, anal or aggravated sexual contact, or sexual contact; \"**aggravated sexual contact**\" is inserting a foreign object, other than for a valid medical purpose, into a **child**, causing physical injury.\n- **(12)–(13)** \"**Health care provider**\" covers persons licensed, registered, required to be, or holding out as licensed in medicine, chiropractic, dentistry or podiatry; \"**mental health care provider**\" covers the listed licensed physicians, psychologists, registered nurses, clinical and supervised master social workers, mental health counselors and marriage and family therapists.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/130.00", "publisher": "Elyphived LLC"}