Penal Law § 130.25 · Article 130. Sex Offenses
Rape in the third degree
Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
§ 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:
1. He or she engages in vaginal sexual contact with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
2. He or she engages in oral sexual contact with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
3. He or she engages in anal sexual contact with another person who is incapable of consent by reason of some other factor other than being less than seventeen years old;
4. Being twenty-one years old or more, he or she engages in vaginal sexual contact with another person less than seventeen years old;
5. Being twenty-one years old or more, he or she engages in oral sexual contact with another person less than seventeen years old;
6. Being twenty-one years old or more, he or she engages in anal sexual contact with another person less than seventeen years old;
7. He or she engages in vaginal sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent;
8. He or she engages in oral sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent; or
9. He or she engages in anal sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than the incapacity to consent.
Rape in the third degree is a class E felony.
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/PEN130.25
- Text hash
- sha256 31b203a23aa37abd904fe1df6a803d00e9b6d993f82c96d5889d18874257c0c6
- 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.