A person is guilty of criminal sexual act in the second degree when:
1. being eighteen years old or more, he or she engages in oral sexual
conduct or anal sexual conduct with another person less than fifteen
years old; or
2. he or she engages in oral sexual conduct or anal sexual conduct
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 criminal sexual act
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.
Criminal sexual act 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.