Sexual Assault Resource Center

Definitions of Sexual Violence

Criminal Sex Offenses in New York State

Offense Classification Brief Description Typical Penalties
Rape, 1st degree Class B Felony Intercourse by FORCE; OR with someone who is physically helpless;* OR with a child less than 11 yrs; OR with a child less than 13 years where the actor is 18 yrs or more. Fines and up to 25 years in prison
Rape, 2nd degree Class D Felony Being age 18+, engaging in intercourse with someone less than 15 years OR engaging in intercourse with someone who is mentally disabled* or mentally incapacitated*. Fines and prison time
Rape, 3rd degree Class E Felony Engaging in sexual intercourse with someone who has expressed that s/he is not consenting; OR engaging in intercourse with someone who is less than 17 years of age where the actor is 21 yrs or more. Fines and prison time
Criminal Sexual Act, 1st – 3rd degrees Class B – Class E Felony Engaging in oral or anal sex with someone who has expressed that s/he is not consenting; OR engaging in oral or anal sex with someone by FORCE; OR engaging in oral or anal sex with someone who is physically helpless, mentally incapacitated, mentally disabled or under age 17 years. Fines and up to 25 years in prison
Facilitating a Sex Offense With a Controlled Substance Class D Felony Administering a controlled substance to another without their consent and with the intent of committing a felony sex offense AND committing or attempting to commit such conduct (e.g., rape or anal sex). Fines and prison time
Sexual Misconduct Class A Misdemeanor Sexual intercourse, oral sex, or anal sex without consent; sex with animal or human corpse Fines and/or jail time
Forcible Touching Class A Misdemeanor Forcibly touching, squeezing, grabbing or pinching the sexual or other intimate parts of a person for the purpose of degrading the person OR purely to gratify the actor’s sexual desires. Fines and/or jail time
Aggravated Sex Abuse, 1st – 3rd degrees Class B – D Felony Inserting a finger or a foreign object into the vagina, urethra, penis or rectum of another by FORCE, OR when the other person is incapable of consent* OR when the other person is a child. Fines and up to 25 years in prison
Persistent Sex Abuse Class E Felony 3 convictions of sexual abuse, 2nd or 3rd degree, within a 10 year period Fines and prison time
Sex Abuse, 1st – 3rd degrees Class D Felony – Class B Misdemeanor Subjecting another person to sexual contact by FORCE, OR when the other is not consenting OR when the other is incapable of consent OR when the other is a child. Fines and/or prison/jail time
Course of Sexual Conduct Against a Child, 1st – 2nd degree Felony B- D Engaging in two or more sexual acts with a child over the course of 3 or more months Fines and up to 25 years in prison

*Definitions:

  • Lack of consent results from: 1. Force; OR 2. Incapacity to consent; OR 3. where the offense is sexual abuse, any circumstance in which the victim does not expressly or impliedly acquiesce in the actor’s conduct; OR 4. where the offense is rape 3rd or sodomy 3rd, circumstances in which the victim clearly expressed that she or he did not consent.
  • Incapacity to consent results from: 1. Less than age 17 years; OR 2. mentally disabled; OR 3. mentally incapacitated; OR 4. physically helpless; OR 5. committed to the care of correctional services or to a child and family services facility; OR 6. when the person is a client or patient of a health care provider and the sexual conduct occurs during a treatment session, examination or consultation.
  • Mentally disabled means that a person suffers from a mental disease or defect which renders him/her incapable of appraising their conduct (e.g., Alzheimers).
  • Mentally incapacitated means that a person is rendered TEMPORARILY incapable of appraising or controlling their conduct owing to the effects of a substance administered to a person without their consent or to any other acts committed upon him/her without their consent (e.g., “slipped” a date rape drug).
  • Physically helpless means that a person is unconscious OR for any other reason is physically unable to communicate unwillingness to an act (e.g., severely intoxicated or high).