N.Y. Penal Law § 130.10: Sex offenses; limitation; defenses

§ 130.10 Sex offenses; limitation; defenses.

1. In any prosecution under this article in which the victim's lack of

consent is based solely upon his or her incapacity to consent because he

or she was mentally disabled, mentally incapacitated or physically

helpless, it is an affirmative defense that the defendant, at the time

he or she engaged in the conduct constituting the offense, did not know

of the facts or conditions responsible for such incapacity to consent.

2. Conduct performed for a valid medical or mental health care purpose

shall not constitute a violation of any section of this article in which

incapacity to consent is based on the circumstances set forth in

paragraph (h) of subdivision three of section 130.05 of this article.

3. In any prosecution for the crime of rape in the third degree as

defined in section 130.25, a crime formerly defined in section 130.40,

aggravated sexual abuse in the fourth degree as defined in section

130.65-a, or sexual abuse in the third degree as defined in section

130.55 in which incapacity to consent is based on the circumstances set

forth in paragraph (h) of subdivision three of section 130.05 of this

article it shall be an affirmative defense that the client or patient

consented to such conduct charged after having been expressly advised by

the health care or mental health care provider that such conduct was not

performed for a valid medical purpose.

4. In any prosecution under this article in which the victim's lack of

consent is based solely on his or her incapacity to consent because he

or she was less than seventeen years old, mentally disabled, a client or

patient and the actor is a health care provider, detained or otherwise

in custody of law enforcement under the circumstances described in

paragraph (j) of subdivision three of section 130.05 of this article, or

committed to the care and custody or supervision of the state department

of corrections and community supervision or a hospital and the actor is

an employee, it shall be a defense that the defendant was married to the

victim as defined in subdivision four of section 130.00 of this article.