A person is guilty of rape in the second degree when:
1. being eighteen years old or more, he or she engages in sexual
intercourse with another person less than fifteen years old; or
2. he or she engages in sexual intercourse 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 subdivision one 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.
Structure New York Laws
130.00 - Sex Offenses; Definitions of Terms.
130.05 - Sex Offenses; Lack of Consent.
130.10 - Sex Offenses; Limitation; Defenses.
130.16 - Sex Offenses; Corroboration.
130.25 - Rape in the Third Degree.
130.30 - Rape in the Second Degree.
130.35 - Rape in the First Degree.
130.40 - Criminal Sexual Act in the Third Degree.
130.45 - Criminal Sexual Act in the Second Degree.
130.50 - Criminal Sexual Act in the First Degree.
130.53 - Persistent Sexual Abuse.
130.55 - Sexual Abuse in the Third Degree.
130.60 - Sexual Abuse in the Second Degree.
130.65 - Sexual Abuse in the First Degree.
130.65-A - Aggravated Sexual Abuse in the Fourth Degree.
130.66 - Aggravated Sexual Abuse in the Third Degree.
130.67 - Aggravated Sexual Abuse in the Second Degree.
130.70 - Aggravated Sexual Abuse in the First Degree.
130.75 - Course of Sexual Conduct Against a Child in the First Degree.
130.80 - Course of Sexual Conduct Against a Child in the Second Degree.
130.85 - Female Genital Mutilation.
130.90 - Facilitating a Sex Offense With a Controlled Substance.
130.91 - Sexually Motivated Felony.