{"jurisdiction": "us-ny", "code": "penal", "section": "130.35", "citation": "Penal Law § 130.35", "heading": "Rape in the first degree", "text": ["§ 130.35 Rape in the first degree.", "A person is guilty of rape in the first degree when:", "1. he or she engages in vaginal sexual contact with another person:", "(a) By forcible compulsion; or", "(b) Who is incapable of consent by reason of being physically helpless; or", "(c) Who is less than eleven years old; or", "(d) Who is less than thirteen years old and the actor is eighteen years old or more;", "2. he or she engages in oral sexual contact with another person:", "(a) By forcible compulsion; or", "(b) Who is incapable of consent by reason of being physically helpless; or", "(c) Who is less than eleven years old; or", "(d) Who is less than thirteen years old and the actor is eighteen years old or more; or", "3. he or she engages in anal sexual contact with another person:", "(a) By forcible compulsion; or", "(b) Who is incapable of consent by reason of being physically helpless; or", "(c) Who is less than eleven years old; or", "(d) 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/130.35", "from_official_api": true, "plain_english": "A person commits first-degree rape by engaging in vaginal, oral, or anal sexual contact with someone:\n- **(1)–(3)(a)** by forcible compulsion;\n- **(1)–(3)(b)** who is physically helpless;\n- **(1)–(3)(c)** who is **under 11**; or\n- **(1)–(3)(d)** who is **under 13 when the actor is 18 or older**. ★\nIt is a **class B felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/130.35", "publisher": "Elyphived LLC"}