Rape in the second degree · as in force on May 31, 2026
§ 130.30 Rape in the second degree.
A person is guilty of rape in the second degree when:
1. being eighteen years old or more, he or she engages in vaginal sexual contact with another person less than fifteen years old;
2. being eighteen years old or more, he or she engages in oral sexual contact with another person less than fifteen years old;
3. being eighteen years old or more, he or she engages in anal sexual contact with another person less than fifteen years old;
4. he or she engages in vaginal sexual contact with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated;
5. he or she engages in oral sexual contact with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated; or
6. he or she engages in anal sexual contact with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.
It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivisions one, two and three of this section that the defendant was less than four years older than the victim at the time of the act.
Rape in the second degree is a class D felony.
A person commits second-degree rape by engaging in vaginal, oral, or anal sexual contact:
For the age-based charges, it is an affirmative defense that the defendant was less than 4 years older than the victim. It is a class D 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.