Penal Law § 130.16 · Article 130. Sex Offenses
Sex offenses; corroboration
Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
§ 130.16 Sex offenses; corroboration.
A person shall not be convicted of any offense defined in this article of which lack of consent is an element but results solely from incapacity to consent because of the victim's mental defect, or mental incapacity, or an attempt to commit the same, solely on the testimony of the victim, unsupported by other evidence tending to:
(a) Establish that an attempt was made to engage the victim in vaginal sexual contact, oral sexual contact, anal sexual contact, or sexual contact, as the case may be, at the time of the occurrence; and
(b) Connect the defendant with the commission of the offense or attempted offense.
Source of truth
- Edition
- Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/PEN130.16
- Text hash
- sha256 7b1f783a93f808942ece50e44182269c0d4e2a5eb251a7dac8ee04fbcb05dc5e
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.