Statutory Rape Laws and Punishments in the State of New York

Nys Attorney General Office - Statutory Rape Laws and Punishments in the State of New York

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In the State of New York, a person is deemed legally incapable of consent to a sexual act if he or she is less than 17 years of age. There are many laws within the New York penal code that would apply to the crime of Statutory Rape. Within these laws there are well defined distinctions between the age of the actor/adult and the age of the child, as well as, the sexual act itself. Based on these distinctions, the laws have varying degrees of severity in punishment. The statutory rape laws for the State of New York are found within the Penal code under Title H article 130 Sex Offenses.

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Adults who engage in sexual intercourse with minors less than 17 years of age can be charged with one or more violations based on the legal definition found in the law article 130.05 "Lack of Consent".

New York's "Lack of Consent" law says that no one less than 17 years of age is capable of consenting to any sexual act. For example, if an 18 year old is out on a date with a 15 year old; one thing leads to someone else and the 15 year old says "Yes, let's have sex". If the two engage in a sexual act, the 18 year old has violated article 130.05 "Lack of Consent" law by illegally spicy in a sexual act with a minor who is incapable of giving legal consent.

A person who is 18 or older could face a sexual offense charge of the 2nd degree. If a defendant is less than four years older than the victim, an affirmative defense may be used where evidence is presented to counteract criminal liability.

What can I be charged with if I have sexual taste with person who is less than 17 years old?

Ultimately, it is up to a New York prosecutor in the District Attorney's office to decree what charges will be filed. There are a variety of factors built into the law that prosecutors use to make their determination. A very general shape is in case,granted below based only on the age factors. For more detailed data visit the links at the end of this article.

An adult age 18-20 with a person at least 15 years of age but less than 17 may be charged with a violation of 130.20 Sexual Misconduct. This is a Class A Misdemeanor. An adult age 18 or older, with a person at least 11 years of age but less than 15 may be charged with a class D Felony or B Felony. A person age 21 or older with a person at least 15 years of age but less than 17 may be charged with a Class E Felony. A person age 21 or older with a person less than 15 may be charged with a Class B felony.
What are the possible Jail times and fines for these crimes if convicted?

Listed below are basic maximum sentencing guidelines within New York Penal code article 70.00 and 70.15 "Sentences of Imprisonment" laws. Actual sentencing may differ greatly in any case due to many factors.

Misdemeanor Class A - Max fine 00. The prison term shall be fixed by the court for not more than 1 year. Class B Felony - Max fine ,000. The prison term shall be fixed by the court not to exceed 25 years. Class D Felony - Max fine ,000.The prison term shall be fixed by the court not to exceed 7 years. Class E Felony - Max fine ,000.The prison term shall be fixed by the court not to exceed 4 years.
Additional Resources:

http://www.sexlaws.org/new_york_sex_laws New York sex laws

http://www.nycagainstrape.org/ New York City Alliance Against Sexual Assault

http://public.leginfo.state.ny.us/menuf.cgi New York State Legislature

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