N.Y. Penal Law § 130.65: Sexual abuse in the first degree

§ 130.65 Sexual abuse in the first degree.

A person is guilty of sexual abuse in the first degree when he or she

subjects another person to sexual contact:

1. By forcible compulsion; or

2. When the other person is incapable of consent by reason of being

physically helpless; or

3. When the other person is less than eleven years old; or

4. When the other person is less than thirteen years old and the actor

is twenty-one years old or older.

Sexual abuse in the first degree is a class D felony.