N.Y. Penal Law § 130.25: Rape in the third degree

§ 130.25 Rape in the third degree.

A person is guilty of rape in the third degree when:

1. He or she engages in vaginal sexual contact with another person who

is incapable of consent by reason of some factor other than being less

than seventeen years old;

2. He or she engages in oral sexual contact with another person who is

incapable of consent by reason of some factor other than being less than

seventeen years old;

3. He or she engages in anal sexual contact with another person who is

incapable of consent by reason of some other factor other than being

less than seventeen years old;

4. Being twenty-one years old or more, he or she engages in vaginal

sexual contact with another person less than seventeen years old;

5. Being twenty-one years old or more, he or she engages in oral

sexual contact with another person less than seventeen years old;

6. Being twenty-one years old or more, he or she engages in anal

sexual contact with another person less than seventeen years old;

7. He or she engages in vaginal sexual contact with another person

without such person's consent where such lack of consent is by reason of

some factor other than incapacity to consent;

8. He or she engages in oral sexual contact with another person

without such person's consent where such lack of consent is by reason of

some factor other than incapacity to consent; or

9. He or she engages in anal sexual contact with another person

without such person's consent where such lack of consent is by reason of

some factor other than the incapacity to consent.

Rape in the third degree is a class E felony.