Penal Law § 130.35 · Article 130. Sex Offenses
Rape in the first degree
Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
§ 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when:
1. he or she engages in vaginal sexual contact with another person:
(a) By forcible compulsion; or
(b) Who is incapable of consent by reason of being physically helpless; or
(c) Who is less than eleven years old; or
(d) Who is less than thirteen years old and the actor is eighteen years old or more;
2. he or she engages in oral sexual contact with another person:
(a) By forcible compulsion; or
(b) Who is incapable of consent by reason of being physically helpless; or
(c) Who is less than eleven years old; or
(d) Who is less than thirteen years old and the actor is eighteen years old or more; or
3. he or she engages in anal sexual contact with another person:
(a) By forcible compulsion; or
(b) Who is incapable of consent by reason of being physically helpless; or
(c) Who is less than eleven years old; or
(d) Who is less than thirteen years old and the actor is eighteen years old or more.
Rape in the first degree is a class B 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/PEN130.35
- Text hash
- sha256 ab287edc87a48b285ff3994b41ff126d51c67796fd18759cd8612f36da4943f9
- 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.