N.Y. Penal Law § 130.00: Sex offenses; definitions of terms

§ 130.00 Sex offenses; definitions of terms.

The following definitions are applicable to this article:

1. "Vaginal sexual contact" means conduct between persons consisting

of contact between the penis and the vagina or vulva.

2. (a) "Oral sexual contact" means conduct between persons consisting

of contact between the mouth and the penis, the mouth and the anus, or

the mouth and the vulva or vagina.

(b) "Anal sexual contact" means conduct between persons consisting of

contact between the penis and anus.

3. "Sexual contact" means any touching of the sexual or other intimate

parts of a person for the purpose of gratifying sexual desire of either

party. It includes the touching of the actor by the victim, as well as

the touching of the victim by the actor, whether directly or through

clothing, as well as the emission of ejaculate by the actor upon any

part of the victim, clothed or unclothed.

4. For the purposes of this article "married" means the existence of

the relationship between the actor and the victim as spouses which is

recognized by law at the time the actor commits an offense proscribed by

this article against the victim.

5. "Mentally disabled" means that a person suffers from a mental

disease or defect which renders him or her incapable of appraising the

nature of his or her conduct.

6. "Mentally incapacitated" means that a person is rendered

temporarily incapable of appraising or controlling his conduct owing to

the influence of a narcotic or intoxicating substance administered to

him without his consent, or to any other act committed upon him without

his consent.

7. "Physically helpless" means that a person is unconscious or for any

other reason is physically unable to communicate unwillingness to an

act.

8. "Forcible compulsion" means to compel by either:

a. use of physical force; or

b. a threat, express or implied, which places a person in fear of

immediate death or physical injury to himself, herself or another

person, or in fear that he, she or another person will immediately be

kidnapped.

9. "Foreign object" means any instrument or article which, when

inserted in the vagina, urethra, penis, rectum or anus, is capable of

causing physical injury.

10. "Sexual conduct" means vaginal sexual contact, oral sexual

contact, anal sexual contact, aggravated sexual contact, or sexual

contact.

11. "Aggravated sexual contact" means inserting, other than for a

valid medical purpose, a foreign object in the vagina, urethra, penis,

rectum or anus of a child, thereby causing physical injury to such

child.

12. "Health care provider" means any person who is, or is required to

be, licensed or registered or holds himself or herself out to be

licensed or registered, or provides services as if he or she were

licensed or registered in the profession of medicine, chiropractic,

dentistry or podiatry under any of the following: article one hundred

thirty-one, one hundred thirty-two, one hundred thirty-three, or one

hundred forty-one of the education law.

13. "Mental health care provider" shall mean a licensed physician,

licensed psychologist, registered professional nurse, licensed clinical

social worker, licensed master social worker under the supervision of a

physician, psychologist or licensed clinical social worker, licensed

mental health counselor or a licensed marriage and family therapist.