{"data":{"id":"us-ny/n.y.-penal-law-130.35","jurisdiction":"us-ny","citation":"N.Y. Penal Law § 130.35","heading":"Rape in the first degree","body":"§ 130.35 Rape in the first degree.\n  A person is guilty of rape in the first degree when:\n  1. he or she engages in vaginal sexual contact with another person:\n  (a) By forcible compulsion; or\n  (b) Who is incapable of consent by reason of being physically\nhelpless; or\n  (c) Who is less than eleven years old; or\n  (d) Who is less than thirteen years old and the actor is eighteen\nyears old or more;\n  2. he or she engages in oral sexual contact with another person:\n  (a) By forcible compulsion; or\n  (b) Who is incapable of consent by reason of being physically\nhelpless; or\n  (c) Who is less than eleven years old; or\n  (d) Who is less than thirteen years old and the actor is eighteen\nyears old or more; or\n  3. he or she engages in anal sexual contact with another person:\n  (a) By forcible compulsion; or\n  (b) Who is incapable of consent by reason of being physically\nhelpless; or\n  (c) Who is less than eleven years old; or\n  (d) Who is less than thirteen years old and the actor is eighteen\nyears old or more.\n  Rape in the first degree is a class B felony.","path":["Penal Law","Part 3. Specific Offenses","Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation","Article 130. Sex Offenses"],"source_url":"https://legislation.nysenate.gov/api/3/laws/PEN/130.35","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"540bf715bf1068e997cebbc538c19f8e30f62a9f53cd4146aa8c9411fff69358","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-penal-law-130.30","next":"us-ny/n.y.-penal-law-130.52"},"notice":"GroundRules: Original legal text. Not legal advice."}