Rape in the third degree · as in force on May 31, 2026
§ 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:
1. He or she engages in vaginal sexual contact with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
2. He or she engages in oral sexual contact with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
3. He or she engages in anal sexual contact with another person who is incapable of consent by reason of some other factor other than being less than seventeen years old;
4. Being twenty-one years old or more, he or she engages in vaginal sexual contact with another person less than seventeen years old;
5. Being twenty-one years old or more, he or she engages in oral sexual contact with another person less than seventeen years old;
6. Being twenty-one years old or more, he or she engages in anal sexual contact with another person less than seventeen years old;
7. He or she engages in vaginal sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent;
8. He or she engages in oral sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent; or
9. He or she engages in anal sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than the incapacity to consent.
Rape in the third degree is a class E felony.
A person commits third-degree rape by engaging in vaginal, oral, or anal sexual contact:
It is a class E felony.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.