Rape in the First Degree
The most serious offenses involve sexual intercourse with a person who is less than eleven years old. This is always considered to be Rape in the First Degree under New York Penal Law §130.35. This statute also applies if you are over the age of eighteen and your partner is under the age of thirteen. Convictions here are class B felonies.
Rape in the Second Degree
Rape in the Second Degree, as defined by NYPL §130.30, applies when a person over the age of eighteen has sex with a person less than fifteen years old. This is treated as a class D felony.
However, the statute provides an affirmative defense where a defendant may argue that they were less than four years older than the alleged victim at the time of contact. In other words, if you are eighteen years old, you may argue in court that your partner was fourteen at the time of contact, and that since your difference in age was less than four years you are not guilty of second-degree statutory rape.
Rape in the Third Degree
Finally, anyone over the age of twenty-one cannot have sex with anyone less than seventeen years old. This is the lowest level of rape defined under the law, and it is listed by NYPL §130.25 as a class E felony.
It is important to remember that charges of lower severity are what is known as lesser included offenses. Even if a person can rightfully argue that their offense does not fit a first-degree rape charge, they may still face charges for second- or third-degree rape.
