N.Y. Penal Law § 130.30: Rape in the second degree

§ 130.30 Rape in the second degree.

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

1. being eighteen years old or more, he or she engages in vaginal

sexual contact with another person less than fifteen years old;

2. being eighteen years old or more, he or she engages in oral sexual

contact with another person less than fifteen years old;

3. being eighteen years old or more, he or she engages in anal sexual

contact with another person less than fifteen years old;

4. he or she engages in vaginal sexual contact with another person who

is incapable of consent by reason of being mentally disabled or mentally

incapacitated;

5. he or she engages in oral sexual contact with another person who is

incapable of consent by reason of being mentally disabled or mentally

incapacitated; or

6. he or she engages in anal sexual contact with another person who is

incapable of consent by reason of being mentally disabled or mentally

incapacitated.

It shall be an affirmative defense to the crime of rape in the second

degree as defined in subdivisions one, two and three of this section

that the defendant was less than four years older than the victim at the

time of the act.

Rape in the second degree is a class D felony.