Serving The Greater Rochester Area

What is the Age of Consent in New York?

The age of consent in New York is 17 years old. That means anyone who is 16 years of age or younger cannot provide legal consent to sexual activity.

When a person has consensual sexual intercourse with a minor who is under 17 years old, they could be charged with statutory rape. However, New York has a partial age exception for consensual sex between someone who is younger than 21 years old and a minor who is 15 or 16 (or at least less than four years older than the victim). There is no partial exception for consensual sex involving minors who are 14 years old or younger.

The following are some of the potential penalties for statutory rape in New York:

  • First-degree rape – Sexual intercourse between an adult—or even a minor who is at least 12 years old—and a minor who is younger than 11 years of age. This sex crime is a Class B felony, which carries a maximum 25-year prison term.
  • Second-degree rape – Sexual intercourse between an adult who is at least 18 years of age and a minor who is younger than 15. This sex crime is a Class D felony, punishable by a maximum seven-year prison sentence.
  • Third-degree rape – Sexual intercourse between a person who is at least 21 years old and a minor who is younger than 17. This sex crime is a Class E felony, which results in a maximum four-year prison term.
  • Criminal sexual act in the first degree – Anal or oral sexual contact between a person who is at least 18 years of age— or even a minor who is at least 12 years old—and a minor younger than 11 years of age. This sex crime is a Class B felony.
  • Criminal sexual act in the second degree – Anal or oral sexual contact between an adult who is at least 18 years of age and a minor who is younger than 15. This sex crime in a Class D felony.
  • Criminal sexual act in the third degree – Anal or oral sexual contact between a person who is at least 21 years old and a minor who is younger than 17. This sex crime is a Class E felony.

As you can see, being charged with statutory rape in New York can result in severe criminal penalties. Not only could be subject to prison time and fines, but you could also be forced to register a sex offender—possibly for the rest of your life.

If you have been arrested for statutory rape in Rochester, contact King Law today at (585) 286-5124 and schedule a free consultation.

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